Trials
On 14 March 2009, the PSNI arrested three men in connection with the killings, one of whom was former IRA prisoner Colin Duffy. He had broken away from mainstream republicans and criticised Sinn Féin's decision to back the new PSNI. On 25 March 2009, after a judicial review of their detention, all the men were ordered to be released by the Belfast High Court, however, Duffy was immediately re-arrested on suspicion of murder. On 26 March 2009, Duffy was formally charged with the murder of the two soldiers and the attempted murder of five other people. The following day he appeared in court for indictment and was remanded in custody to await trial after it was alleged that his full DNA profile was found on a latex glove inside the vehicle used by the gunmen.
Brian Shivers, a cystic fibrosis sufferer, was charged with the soldiers' murders and the attempted murder of six other people. He was also charged with possession of firearms and ammunition with intent to endanger life. He was arrested in Magherafelt in July 2009.
In January 2012 Duffy was acquitted of involvement but Shivers was convicted of the murders.
In January 2013, Shivers's conviction was overturned by Northern Ireland's highest appeals court. A May 2013 retrial found Shivers not guilty. He was cleared of all charges and immediately released from jail. The judge questioned the choice of Shivers as a likely murderer, with his cystic fibrosis and his engagement to a Protestant woman.
Duffy's solicitor stated
| “ | Brian Shivers has suffered the horror of having been wrongfully convicted in what now must be described as a miscarriage of justice. He was convicted of the most serious charges on the criminal calendar. He was sentenced to a life term imprisonment, which would have seen him die in prison. The original conviction was overturned on a narrow legal basis. It was only during his re-trial that important new material was disclosed which completely undermined the case against him. This failed prosecution – another failed prosecution – is a cautionary tale against the reliance upon tenuous scientific evidence in high profile criminal cases. | ” |
Read more about this topic: 2009 Massereene Barracks Shooting
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