Distretto Nord

Brian Shivers in tribunale con accusa di omicidio

Man in court over soldier murders

A 44-year-old man has appeared in Ballymena Magistrates Court charged with the murders of two soldiers at Massereene Army Barracks in Antrim.

Brian Patrick ShiversThe police case against Brian Patrick Shivers, from Maghera, Co Londonderry, is based on forensic evidence recovered from inside and around the Vauxhall Cavalier used by the gunmen.

Detective Inspector Justin Galloway said: “Two matches recovered from the rear seat of the Vauxhall Cavalier revealed a full DNA profile.

“A match found beside the vehicle had a partial profile.”

The officer said a partial DNA profile was also found on a mobile phone in the vehicle.

Shivers, who the court heard suffers from cystic fibrosis, is also accused of six counts of attempted murder related to the Real IRA gun attack, and of possessing firearms and ammunition with intent.

Sappers Patrick Azimkar and Mark Quinsey were shot dead as they waited for a pizza delivery outside the base in March.

Prominent Lurgan republican Colin Duffy has already been charged with the murders.

‘Low copy DNA’

The accused’s solicitor, Niall Murphy, disputed the strength of the forensic evidence, claiming it was the same low copy DNA type which was discredited during the Omagh bomb trial two years ago.

Under questioning, Mr Galloway revealed that initial tests on the two matches found in the car did not provide strong enough evidence to link Shivers to the scene.

He said it was only after scientists combined the profiles that they obtained a positive identification.

The officer said: “When questioned about his involvement and knowledge of the vehicle, he (Shivers) made no comment.”

But Mr Murphy rejected that the evidence was strong enough to connect his client with the murders.

He said: “This is simply low copy DNA, which has been repackaged for legal and scientific expedience.”

Magistrate Mr Mateer said that, while the merits of low copy DNA had been debated during the trial of Omagh bomb suspect Sean Hoey, the court still accepted it as evidence.

Absconding fears

Brian Patrick ShiversPolice objected to bail on the grounds that Shivers was at risk of absconding from the jurisdiction, could interfere with potential witnesses and may possibly re-offend.

Mr Galloway told the court that another suspect police were hunting could have already left the country.

“We have a fear he (Shivers) would abscond,” he said.

“We have previously tried to arrest another suspect in this investigation, but have been unsuccessful, and we have reason to believe he has fled the jurisdiction.”

Shivers’ lawyer had argued that his ill-health and need for regular hospital treatment would mean it would be impossible for him to flee the country.

He also noted that he had a son and was engaged – two other reasons that would keep him in Northern Ireland.

Mr Murphy said his client had no criminal record, and disputed the officers’ claim that he was at risk of re-offending.

“How do you sit in that witness box and try to convince the court he’s at threat of re-offending, given he has no criminal record?”

Mr Galloway said he believed Shivers had an active role in the Real IRA – an organisation he said was still very much intent on pursuing its campaign of violence.

Mr Mateer said the prosecution had presented a prima facie case against the accused, and dismissed the application for bail.

Shivers is due to re-appear via video link on August 18.

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René Querin

Di professione grafico e web designer, sono appassionato di trekking e innamorato dell'Irlanda e della sua storia. Insieme ad Andrea Varacalli ho creato e gestisco Les Enfants Terribles.

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