Families 'devastated by today’s verdict' as accused walks free from court
The son of a workman murdered by the UVF in north Belfast in May 1994 today said he was “heartbroken” after the man accused was acquitted.
Solicitor Padraig O’Muirigh added: “The Convie and Fox families are devastated by today’s verdict. It’s been a long journey for them and a very disappointing end to that.” On Thursday Mr Justice O’Hara ruled: “However suspicious I am that he was the gunman, I must acquit on all counts because I cannot be sure of his guilt beyond reasonable doubt.”
Mr Smyth’s DNA was found on the collar of the jacket and whilst it was the Crown’s case that the jacket was worn by the gunman, the defence argued that it had not been proven when or how his DNA got there. He said: “Whilst this case could not have been brought without Haggarty’s evidence, which is the only direct evidence that the defendant was the gun, unfortunately Haggarty is a deeply flawed individual - a murderer who will lie and deceive and mislead at the slightest opportunity.”
Saying whether Mr Smyth was the gunman was “at the heart of the case”, the Judge spoke of inconsistencies between the eye witness reports and Mr Smyth’s height. He added: “Most importantly of all, I have doubts based on the eye witness evidence, about whether Mr Convie and Mr Fox were murdered by a gunman who was five feet four-and-a-half inches tall.”At this point, a man sitting in the public gallery shouted “yeooow” which promoted the Judge to say “just be quiet”.
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