He has come out of retirement to lead the investigation that will draw on the testimony of survivors of abuse in homes, hospitals and orphanages across the north from 1945 to 1995. However, criticisms remain that the probe will not include allegations of abuse that occurred outside the time-frame or away from institutions.” This means that some of the Northern Ireland victims of Brendan Smith’s serial child abuse will be covered by this inquiry. While others will not,” Patrick Corrigan of Amnesty International said.
Deputy First Minister Martin McGuinness said the executive would be bringing forward legislation ” shortly ” to give Sir Anthony powers to compel witnesses and documents. Sir Anthony whose last court cases included the trail of Colin Duffy and Brian Shivers for the murder of two-soldiers in Massereene Barracks and the trial of killer dentist Colin Howell, will be supported by a tea, offering a confidential forum.
Ryan inquiry commissioner Norah Gibbons, ex-Metropolitan Police child abuse investigator Dave Marshall, Tom Shaw, who worked on a similar inquiry in Scotland, and Beverley Clarke, who has experience of social work in Canada, will hear victims’ testimony. The inquiry will then rule if abuse was systemic, suggest whether there should be an apology, decide on a memorial and make recommendations for ” redress “. However, any final decision on compensation will be made by the executive after it considers Sir Anthony’s recommendations.
Legislation is expected to be brought before the summer recess and the investigation will begin by autumn. First Minister Peter Robinson said Sir Anthony would be ” unflinching in his pursuit of truth”. ” I am confident that the scope and nature of this process is robust, will provide a thorough examination of what happened and will get to the the truth,” he said. Mr McGuinness said legislation would ensure the inquiry had the ” powers, flexibility and protections” needed. Mr Corrigan said a statement in the terms of reference that the inquiry will begin after the commencement of legislation suggested that concerns had been met about whether the probe would have full statutory powers for it’s duration.
However, he said he remained concerned that victims of abuse before 1945 or after 1995 would be excluded and that the issue of redress has ” been put on the long finger”. ” Equally, it is clear that the executive currently has no plans for a similar process of inquiry for victims of clerical child abuse outside institutions,” he said.
WITH MANY THANKS TO : DIANA RUSK ( POLITICAL CORRESPONDENT ) IRISH NEWS.
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NEWLY retired judge Sir Anthony Hart is the new Parole Commissioner for Northern Ireland.
Sir Anthony’s last trial saw the conviction of Brian Shivers for murdering two soldiers at Massereene Barracks in Antrim. Justice Minister David Ford said : ” As a well – respected member of the Judiciary, Sir Anthony has vast experience of the criminal justice system, which I have no doubt will complement the wealth of experience within the commissioners. ”
Sir Anthony was called to the Northern Ireland Bar in 1969. He was appointed a QC in 1983 and a county court judge in 1985. He was recorder of Derry from 1985 – 90, and of Belfast from 1997 – 2005, and was the first person to be appointed as presiding judge of the county courts in Northern Ireland in 2002.
In January 2005 he was promoted to the High Court, and untill his retirement in January 2012 was responsible to the Lord Chief Justice for the pre – trial case management of all Crown Court trials conducted by High Court Judges, and presided over many criminal trials.
STORY FIRST PUBLISHED IN : BELFAST TELEGRAPH BY MICHAEL McHUGH.
- Brian Shivers launches Massereene legal challenge (seachranaidhe1.wordpress.com)
- 25 years for dying barracks killer (independent.co.uk)
- Terminally ill man gets 25 years for Real IRA’s Massereene murders (independent.co.uk)
The suspect device was found in Oakdale Manor in the town at around 10.20am on Thursday.
Army bomb experts are at the scene and a police spokesperson said a small number of homes have been evacuated.
WITH MANY THANKS TO : UTV News
A terminally ill man jailed for murdering two soldiers at Massereene Army base in Antrim has launched a legal bid to overturn his conviction
Brian Shivers has lodged papers to appeal the verdict that he was guilty of murdering Sappers Mark Quinsey, 23, and 21-year-old Patrick Azimkar.
His legal team claim he was wrongly punished and want an urgent hearing due to his severe medical condition.
The victims were shot by the Real IRA as they collected pizza in March 2009.
The shootings were carried out hours before the soldiers were due to be deployed to Afghanistan.
He was also found guilty of six counts of attempted murder and one of possession of two firearms and ammunition with intent to endanger life.
It emerged during the trial that Shivers suffers from cystic fibrosis and has only a few years to live.
He was found guilty on the strength of a DNA link to matches found in the car used in the attack and then set alight.
Shivers was also found to have lied about his whereabouts and actions on the night of the murders.
‘Prominent and essential role’The judge who convicted him accepted that he played a lesser role than the gunmen and driver of the Cavalier used in the attack.
But he stated that in setting fire to the vehicle Shivers “played a prominent and essential role in this carefully planned and ruthlessly executed crime”.
Shivers’ solicitor, Niall Murphy, of Kevin R Winters and Co, confirmed on Wednesday that an appeal against conviction was lodged this week.
He said: “We have further petitioned the Court of Appeal that it should be listed with as much expedition as is possible given our client’s severe medical condition.”
Explaining the reasons for mounting the challenge, Mr Murphy added: “We have petitioned the court in our grounds of appeal that the trial judge erred in law by misdirecting himself.
“Mr Shivers was wrongly convicted and punished since no conduct of his could constitute the offences of which he has been convicted.”
With Many Thanks To, BBC News
Last week, Mr Duffy was cleared of all charges relating to the attack at Massereene Barracks in Antrim in March 2009 in which two soldiers were killed.
Mr McCrea said the acquittal had caused “anger and fear” in his constituency.
Responding to the comments, Mr Duffy said he was taking legal action against the police over his prosecution.
Meanwhile, Secretary of State Owen Paterson told the Commons the terrorist threat level in NI remains severe.
This means a terrorist attack is considered “highly likely”.
On the issues of the Massereene verdicts, Mr McCrea asked: “Can the secretary of state understand the anger and fear that has been felt in my constituency, and indeed throughout Northern Ireland, in light of the release of Colin Duffy, a person charged on three different occasions for the murder of innocents, yet always seems to find the get out card.
“What assurance can the secretary of state give my constituents that they are going to be safe from brutal terrorists like Colin Duffy and not be another statistic in a long line of innocent victims?”
Mr Paterson replied: “I entirely sympathise with the honourable member and his constituents’ concerns.
“We do believe in the separation of powers and this was a decision made by due process.
“I’m delighted that there was one conviction in this appalling incident… but I can assure the member that this government will bear down on all terrorists.”
MPs have parliamentary privilege when speaking during a session of the House of Commons. Mr Duffy was cleared of all charges in relation to the Massereene attack.
MaliciousResponding to Mr McCrea’s comments, Mr Duffy issued a statement through his solicitors.
It said he had instructed his solicitors to “object to the comments in the most strenuous terms and he will be making a complaint to the Committee on Standards and Privileges.”
“We are of the professional opinion that the comments represent an insult to the integrity of judicial process in this jurisdiction and serve to undermine the considered judgment of the court.
“Mr Duffy has instructed us to initiate proceedings against the PSNI and PPS in respect of his malicious prosecution and unlawful detention.”
Answering a separate question on the terrorist threat level in Northern Ireland, Mr Paterson said: “Despite overwhelming community rejection of their murderous activity, terrorist groups continue to carry out indiscriminate attacks as we saw in Londonderry last week.
“This government remains committed to countering terrorism in all its forms.”
Police believe dissident republicans were responsible for two bomb attacks in Derry last Thursday night.
The bombs exploded at the tourist centre on Foyle Street and on Strand Road, close to the DHSS office, within 10 minutes of each other
Earlier this month, a Scottish soldier found a bomb inside his car outside his girlfriend’s house in the Ligoniel area of north Belfast.
The soldier found the device while cleaning the car before going to pick up a child from school on 5 January.
Duffy believes ‘DNA planted in car’ 21 JANUARY 2012, NORTHERN IRELAND
Dissidents blamed for Derry bombs 20 JANUARY 2012, NORTHERN IRELAND
Timeline of dissident activity 20 JANUARY 2012, NORTHERN IRELAND
- Brian Shivers guilty of Massereene murders (seachranaidhe1.wordpress.com)
- Duffy says DNA was planted in getaway car (seachranaidhe1.wordpress.com)
- Twentieth anniversary of Teebane (sluggerotoole.com)
- Who Remembers Sam Marshall? The Murder Of An Irish Citizen By A Foreign State (ansionnachfionn.com)
- Shock as McCrea urges scrapping of new A6. (politics.ie)
Colin Duffy, 44, was cleared yesterday of murdering Sappers Mark Quinsey and Patrick Azimkar outside Massereene army base.
Mr Duffy told a news conference in west Belfast today that the charges against him were “spurious” but refused to condemn dissident republicans.
His co-accused Brian Shivers was handed a life sentence after a judge found him guilty of being part of the attack.
Mr Duffy said: “I am firmly of the view that my DNA arose there because it was planted. I was never in that car.
“I state quite categorically here that I had no involvement in what happened at Massereene, no involvement whatsoever, and that has been vindicated in court because there was no credible evidence to suggest otherwise.”
He said that if being a dissident meant opposing Sinn Féin‘s peace strategy then he was happy to classify himself as such.
“I did not need to answer to the spurious evidence or so-called evidence that they were adducing at the trial,” he said.
“The decision not to give evidence was a decision that we took on the basis of my view legally of how the case was going.”
- Free Colin Duffy – End the Show Trial !! (seachranaidhe1.wordpress.com)
- Accused an ‘unlikely terrorist’ (bbc.co.uk)
- Massereene trial hears about DNA (bbc.co.uk)
- McGlinchey ‘was getaway driver’ (bbc.co.uk)
- Republican’s son ‘in getaway car’ (seachranaidhe1.wordpress.com)
Brian Shivers has been found guilty of murdering two British soldiers outside Massereene Barracks in Antrim in 2009.
Prominent dissident republican Colin Duffy was earlier acquitted of the murders.
Sappers Patrick Azimkar from London and Mark Quinsey from Birmingham were killed outside Massereene Barracks on 7 March 2009.
Four others, including two pizza delivery men, were seriously injured in the attack, for which the Real IRA claimed responsibility.
Mr Duffy, 44, and Shivers, 46, denied having any involvement in the attack.
The evidence against Shivers centred on DNA which was discovered on a mobile phone and matches linked to the getaway car.
During his trial his lawyers described him as an “unlikely terrorist”.
The 46-year-old, who has cystic fibrosis, told the court he had a limited life span and had been told by a doctor that he only had a few years left to live.
Handing down the judgment in Belfast Crown Court Mr Justice Anthony Hart said Shivers lied about his actions on the night of the attack.
The judge said the presence of his DNA on the Nokia phone was further evidence of his involvement in the getaway car.
Shivers was sentenced to life in prison.
Colin Duffy acquitted
Mr Duffy, from Forest Glade in Lurgan in Armagh, was cleared of all charges by Mr Justice Anthony Hart this morning.
Judge Anthony Hart told the court he was satisfied that Duffy’s DNA was found on a latex glove tip inside the car – and on a seat buckle – but he said the prosecution had failed to link the defendant to the murder plot.
He said “all the evidence” suggested Mr Duffy was present in the getaway car wearing latex gloves at some point between the time it was bought and the time it was used in the attack.
But the judge said that suspicion that the car was going to be used in a criminal act was not enough to convict Mr Duffy.
The judge described the attack as “ruthless and determined”. He said one of the gunmen had reloaded his weapon at the scene and that a number of the victims were shot as they lay injured on the ground.
Following Mr Duffy’s acquittal, Mr Justice Hart cleared the court of a number of cheering supporters.
Before the judgments were handed down, the parents of one of the two murdered soldiers spoke of their son’s love for Northern Ireland.
Speaking from their home in England earlier this week, Mehmet and Geraldine Azimkar said Patrick wanted to build a life there when his time in the military was over.
Statement from 32CSM DERRY
The verdict delivered in the trial of Colin Duffy and Brian Shivers yesterday is an indictment of British courts in Ireland. This trial from the outset was a show trial attempting to secure a guilty conviction against Republicans. The failure of the PSNI to apprehend those who were involved in the attack led them to try and frame these two men. We welcome the fact that Colin Duffy was a…cquitted as it was the only realistic verdict to reach given the total lack of credible evidence. However Brian Shivers, a man with a terminal illness has now been made a scapegoat for the failure of the PSNI. The sentence imposed upon Brian is in effect a death sentence and a gross violation of the due process of justice. Both these men were denied the right to trial by a jury and instead had to face the prospect of a British judge being the sole authority. These courts are now being used as a tool of repression against all those who take a stand against the status quo.The internment of Marian Price on trumped up charges continues and the prisoners continue to be beaten and harassed by prison officers before their appearances in these diplock courts. We urge all Republicans and human rights advocates to stand behind Brian and his family, and those who remain interned in Maghaberry. To remain silent in the face of such violation of human rights is to acquiesce to it.
Posted on Behalf of : Derry Sceal
- Free Colin Duffy – End the Show Trial !! (seachranaidhe1.wordpress.com)
- Massereene lawyer’s ‘arrest’ row (seachranaidhe1.wordpress.com)
- Massereene DNA evidence allowed (mirror.co.uk)
- Massereene judge to rule on DNA (bbc.co.uk)
DNA ‘match to barracks killers’
Wednesday, November 16, 2011 – 04:57 PM
DNA found in a getaway car used in the shooting of two British soldiers is almost six trillion times more likely to belong to one of the alleged murderers than someone else, a court heard.
A match between another genetic sample discovered in the vehicle and the second man accused of the killings of Mark Quinsey and Patrick Azimkar is around six billion times more probable than it matching another person, a DNA expert told Antrim Crown Court.
High-profile republican Colin Duffy, 43, from Forest Glade in Lurgan, Co Armagh, and Brian Shivers, 46, from Sperrin Mews in Magherafelt, Co Derry, deny two charges of murder and the attempted murder of six others – three soldiers, two pizza delivery drivers and a security guard.
On the sixth day of their trial, American DNA specialist Dr Mark Perlin revealed the results of tests he carried out on data from a seat belt buckle and a mobile phone found inside the Vauxhall Cavalier getaway car, which was abandoned partially burnt out on a country road just a few miles from the shootings.
Dr Perlin is renowned in the scientific world for developing a computer based statistical system – True Allele – which analyses forensic samples containing the DNA or two or more people.
The expert compared the results of swabs taken from the buckle and the phone along with samples of Duffy and Shivers’s DNA.
As the two defendants watched from the dock, Dr Perlin told judge Mr Justice Anthony Hart that a DNA sample found on the belt buckle was 5.91 trillion times more likely to be Duffy’s than someone else’s.
“A match between the buckle and Mr Duffy would be 5.9 trillion times more probable than a coincidental match,” he said.
He said a sample retrieved from inside the mobile phone was 6.01 billion times more likely to belong to Shivers than another person.