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15/01/2013
Massereene Conviction Quashed
A man who was jailed for his part in the murder of two soldiers at Massereene Army base in Antrim has had his convictions overturned.
47-year-old Brian Shivers, from Magherafelt, has successfully challenged his convictions for the murders of Sappers Mark Quinsey, 23, and 21-year-old Patrick Azimkar in March 2009.
The soldiers were shot outside the barracks as they collected a pizza delivery.
The Court of Appeal has ruled the verdict was unsafe, and said that no finding was made on the point at which Shivers allegedly became aware of the murder plot.
He will remain in custody until the Public Prosecution Service decides whether to seek a retrial.
In February 2012, Shivers was sentenced to a minimum of 25 years in jail for his part in the attack.
He was also found guilty of six counts of attempted murder and one of possession of two firearms with intent to endanger life.
Colin Duffy, a 45-year-old prominent republican from Lurgan in County Armagh, was tried along with Shivers, but was acquitted of all charges, including the two murders.
Shivers was originally found guilty as a secondary party who aided and abetted by burning out the getaway car.
He was able to be placed in the car at the time of the murder due to DNA analysis of the partially burned Vauxhall Cavalier used by the gunmen.
But Shivers's lawyers argued it was legally impossible for him to he convicted of murder because of a lack of a criminal act prior to the murder.
Lord Chief Justice Sir Declan Morgan said the issue was whether or not the court should conclude there was a common enterprise to which Shivers had agreed to carry out a shooting attack with intent to kill.
(IT/GK)
47-year-old Brian Shivers, from Magherafelt, has successfully challenged his convictions for the murders of Sappers Mark Quinsey, 23, and 21-year-old Patrick Azimkar in March 2009.
The soldiers were shot outside the barracks as they collected a pizza delivery.
The Court of Appeal has ruled the verdict was unsafe, and said that no finding was made on the point at which Shivers allegedly became aware of the murder plot.
He will remain in custody until the Public Prosecution Service decides whether to seek a retrial.
In February 2012, Shivers was sentenced to a minimum of 25 years in jail for his part in the attack.
He was also found guilty of six counts of attempted murder and one of possession of two firearms with intent to endanger life.
Colin Duffy, a 45-year-old prominent republican from Lurgan in County Armagh, was tried along with Shivers, but was acquitted of all charges, including the two murders.
Shivers was originally found guilty as a secondary party who aided and abetted by burning out the getaway car.
He was able to be placed in the car at the time of the murder due to DNA analysis of the partially burned Vauxhall Cavalier used by the gunmen.
But Shivers's lawyers argued it was legally impossible for him to he convicted of murder because of a lack of a criminal act prior to the murder.
Lord Chief Justice Sir Declan Morgan said the issue was whether or not the court should conclude there was a common enterprise to which Shivers had agreed to carry out a shooting attack with intent to kill.
(IT/GK)
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Shivers Guilty Of Massereene Murders
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