Swine flu ‘could kill murder accused’
A man accused of murdering two soldiers outside a British military base in Co Antrim could die in prison if he contracts swine flu, the High Court has heard.
Brian Shivers, of Sperrin Mews, Magherafelt, Co Londonderry, is charged with the murders of sappers Mark Quinsey, 23, and Patrick Azimkar, 21, at the gates of Massereene Army barracks in Antrim in March.
Lawyers for the cystic fibrosis sufferer claimed his illness meant the consequences of an outbreak while he is held in custody could be fatal.
But despite their warnings, and the offer of £325,000 in cash and property as sureties, his application for bail was refused due to the risk of further offending.
Shivers is also accused of multiple attempted murders and possessing firearms and ammunition with intent in connection with the Real IRA ambush on soldiers collecting food from Pizza delivery men.
Prominent Lurgan republican Colin Duffy has also been accused of the killings.
Prosecutors said the case against Shivers was based on DNA recovered from matchsticks found in the partially burnt out Vauxhall Cavaliver getaway car.
It was claimed that the chances of the profile belonging to someone other than him were one in a billion.
But defence barrister Kieran Vaughan argued that mixed profiles had been found, and that according to experts it was possible to transfer someone’s DNA simply through the touching of hands.
He likened the case to that of the Omagh bomb trial where south Armagh electrician Sean Hoey was cleared of murder after forensic evidence was discredited.
The court was told that when Shivers was questioned he denied involvement in the murders and claimed to have been at home on the night of the shootings apart from going out to get a Chinese takeaway.
‘Forceful reasons’
According to Mr Vaughan, any fears that his client would flee if released were countered by the severity of his illness and his need for regular hospital treatment.
“There are forceful reasons why he would want to remain in this jurisdiction if granted bail,” he said.
The barrister drew Lord Chief Justice Sir Declan Morgan’s attention to a press report about a swine flu scare within the prisons and claimed the potential consequences for Shivers could be different to any others exposed.
Mr Vaughan said: “If this type of flu was to enter the prison system it is not an exaggeration to say it could spread like wildfire.”
“The consequences for Mr Shivers, it’s not being overly dramatic to say that he could die if he was to find himself in that position.”
References were submitted on the accused’s behalf, with one from a priest expressing disbelief that he could be involved in “inflicting such horror on anyone”.
‘Respect’
According to Mr Vaughan, Shivers has earned the respect of all sides of the community.
He also revealed that the suspect’s brother Tony was prepared to lodge £190,000 in court to ensure he would turn up for trial.
In addition, Shiver’s mother was ready to submit the deeds for the £135,000 house she owns to demonstrate her confidence in him, the court heard.
But following a lengthy application, Sir Declan rejected submissions that releasing the accused represented no risk.
The judge concluded after reviewed the evidence there was a case advanced by the Crown that Shivers was one of those involved in the killings.
“Whether or not that is so will clearly have to be determined by the trial judge,” he stressed.
