In the last week Brian Shivers’ legal team launched his appeal into his conviction for the murder of two British soldiers outside Masserene Barracks. Due the nature of the proceedings, namely a Diplock trial, Brian Shivers has an automatic right of appeal. However his legal team have also stated the appeal is based on the fact that the trial judge erred in law by misdirecting himself, one of the many contradictions of a Diplock system of proceedings. His defence team have also stated that this appeal should be expidited due to the nature and severity of Brian Shivers’ medical condition. However, a fundamental question remains, why when Brian Shivers was granted bail prior to the trial, due to the conditions of confinement in Maghaberry and his existing life limiting condition, was he refused bail pending appeal as he would be living in those very same conditions that existed prior to the trial.
Moreover, on reading the verdict of the trial judge it becomes apparent that a number of issues are raised immendiately, initially surrounding the admissability of fundamental aspects of DNA evidence which was substantively covered in the Voire Dire and ruled admissable even though the same type of evidence had been refused to be admitted by the judiciary in English courts and this particular type of analysis has only been used, and subscribed to, in two states in the country of origin of its creator, the USA. Other issues remain around the conclusions made by the trial judge in respect of the knowledge and behaviour of Brian Shivers in respect of the allegations made against him leaving the reader concerned about the identification of fundamental legal principles. This case has all the hallmarks of a miscarriage of justice and a conviction at all costs.
Meanwhile Brian Shivers is allegedly suffering serious mistreatment at the hands of the Prison regime in Maghaberry. It has been alleged that he was badly assaulted whilst on a medical visit in respect of his life limiting condition, in which he was refused the necessary confidential treatment by a doctor on the orders of prison guards who demanded they sit in whilst he consulted with his doctor, and was ultimately physically removed from. It has also been alleged that he has been repeatedly strip searched and beaten whilst leaving and re-entering Maghaberry prison. Like Brendan Lillis, Brian Shivers is suffering from medical neglect due to the oppressive conditions imposed on him by the prison regime in Maghaberry. His human rights appear to have been heavly engaged, under both article 2 which is the right to life and which the regime is risking due to his ill health and the conditions they are forcing him to endure, and in respect of article 3 which appear to have been contravened, as the ECHR states that ‘no one should be subject to torture or to inhuman or degrading treatment’, which this treatment is tantamount to.
WITH MANY THANKS TO : The Irish Law & Democracy Committee
- Brian Shivers launches Massereene legal challenge (seachranaidhe1.wordpress.com)
- Brian Shivers guilty of Massereene murders (seachranaidhe1.wordpress.com)
- 32csm Statement (seachranaidhe1.wordpress.com)
- Shivers begins Massereene appeal (bbc.co.uk)