The case of Brian Shivers

The Irish Law & Democracy Committee

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

NEW PAROLE ROLE FOR JUST – RETIRED JUDGE HART !

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.

32CSM STATEMENT

Statement
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 acquitted 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 wer…e 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.

Ends

RUC/PSNI viciously assault 32csm member in Tyrone

Posted On Behalf Of :  21 January 2012, 19:38:45 | noreply@blogger.com (32csm)

Duffy says DNA was planted in getaway car

A man cleared of murdering two soldiers in Northern Ireland in 2009 has claimed his DNA was planted in the getaway car.

1 of 2 Colin Duffy was cleared of murder charges yesterday

Colin Duffy was cleared of murder charges yesterday
Colin Duffy led a republican protest on the Falls Road this afternoon

Colin Duffy led a republican protest on the Falls Road this afternoon
 

A prominent Republican has said his DNA was planted on a latex glove in a getaway car used in the murder of two British soldiers in Antrim in 2009.

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.Nine News: Duffy may seek redress from British state

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.

He added that he had no questions to answer.

“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.”

 Related articles

Brian Shivers guilty of Massereene murders

Brian Shivers has been found guilty of murdering two British soldiers outside Massereene Barracks in 2009 – co-accused Colin Duffy was earlier found not guilty.

Brian Shivers found guilty, Colin Duffy acquitted

Brian Shivers found guilty, Colin Duffy acquitted
2 of 2 Getaway car was found

 
 

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.

The Azimkars said their son had wanted to become a carpenter and joined the British Army in the hope of gaining skills in a trade.

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.

Ends

Posted on Behalf of : Derry Sceal

Massereene lawyer’s ‘arrest’ row

 

    
 

Legal firm’s fury after police defer plan to quiz solicitor on eve of trial

Thursday, 3 November 2011

A legal firm has said the planned arrest of one of its lawyers was an attempt to “undermine his ability” to conduct the defence in a high-profile murder trial next week.

It is understood leading lawyer Peter Corrigan had originally been asked to report to police today after being told he was to be arrested regarding charges against two of his clients.

But last night police appeared to back off after receiving “additional information which would make it inappropriate to progress with what was intended to be a planned and voluntary interview”.

They added they would be rescheduling it for a later date.

The Belfast lawyer is due in court on Monday to lead the defence of Colin Duffy and Brian Shivers — accused of murdering Sappers Mark Quinsey and Patrick Azimkar. The soldiers were shot dead outside Massereene army barracks in Antrim in 2009.

It is understood Mr Corrigan’s proposed police interview is not connected to the case.

A spokesman for Kevin R Winters and Company said the move had represented “oppression of the worst kind”.

The company where Mr Corrigan is a senior member claimed that it would have been “an attack on the integrity of a lawyer defending his client and sends out a sinister message to those who robustly defend the interests of those charged before our criminal justice system”.

In a statement, Mr Corrigan’s legal firm had described the move as a “completely unfounded manoeuvre on the part of the PSNI intended to undermine our firm’s ability to conduct the defence in a forthcoming high-profile trial.”

In an earlier statement last night, police said they “have a legal responsibility to follow all lines of enquiry as part of their investigations into organised criminality”.

“No inference should be drawn from this.”

The PSNI added that they were “continuing to make a number of enquiries into money laundering”.

Posted on behalf of : By John Mulgrew

Part of the Independent News & Media Group

Read more: http://www.belfasttelegraph.co.uk/news/local-national/northern-ireland/massereene-lawyerrsquos-arrest-row-16072343.html#ixzz1cdQskHzD

Read more: http://www.belfasttelegraph.co.uk/news/local-national/northern-ireland/massereene-lawyerrsquos-arrest-row-16072343.html#ixzz1cdPij5gr