Massereene: Man Cleared Of Soldiers' Murder

Written By Unknown on Jumat, 03 Mei 2013 | 22.11

By David Blevins, Ireland Correspondent

A 47-year-old man has been found not guilty of murdering two British soldiers in Northern Ireland four years ago.

Brian Shivers had denied all knowledge of the dissident republican gun attack outside Massereene Barracks in Antrim.

Sappers Mark Quinsey, 23, from Birmingham and Patrick Azimkar, 21, from London were just hours from deployment to Afghanistan.

They were already dressed in their desert fatigues when they were shot dead on home soil outside their security base.

Four other soldiers and two pizza delivery drivers were seriously injured in the terrorist attack in March 2009.

The soldiers had stepped out of their barracks to receive a delivery of pizzas when two masked gunmen opened fire on them.

They fired 65 rounds from their AK-47 rifles, with one gunman taking time to reload and open fire again from point blank range.

The judge, Mr Justice Deeny, told Belfast Crown Court the attack had been "both ruthless and ferocious".

The prosecution alleged that Mr Shivers' DNA - or partial DNA - had been found on matchsticks and on a mobile phone in the getaway car.

Sappers Cengiz Azimkar and Mark Quinsey Sappers Patrick Azimkar (L) and Mark Quinsey were killed in the attack

Mr Justice Deeny concluded that he could have touched the items innocently or shaken hands with someone who had touched them.

"Matches and mobile phones are in common use and the presence of DNA upon them is very different from its presence on guns or explosive devices," he said.

Mr Shivers, who suffers from multiple sclerosis, was originally convicted of the double murder but later won an appeal and was sent for retrial.

Outside the court his solicitor Niall Murphy said: "Brian Shivers has suffered the horror of being convicted in what must now be described as a miscarriage of justice.

"He was convicted of the most serious charges... sentenced to a life term which would have seen him die in prison.  He is a seriously ill man and, in prison, was persistently denied access to medication and treatment."

Prominent republican Colin Duffy, who stood trial alongside Brian Shivers in his original trial, was acquitted of the charges.

Shivers too has now been found not guilty of two counts of murder, six of attempted murder, possession of two firearms and ammunition with intent and assisting offenders.

The murders of the two soldiers was the first major terrorist incident for some time in Northern Ireland but no one has been convicted.


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