Massereene Barracks Shooting 2009

Lord McCrea of Magherafelt and Cookstown Excerpts

Tuesday 2nd September 2014 Westminster Hall

[Mr Lammy]

The family has drawn some comfort from the warmth of feeling that they have received from the community. The hon. Lady’s comments are well made.

The second issue that I would like to raise is the quality of the prosecution’s case during the subsequent trials. The work carried out by Forensic Science Northern Ireland and crime scene officers was incredibly poor. The collection of evidence was especially sloppy, and the performance of forensic experts in the witness box was woeful.

Two men, Brian Shivers and Colin Duffy, were prosecuted for the murders. Colin Duffy is a dissident republican who had previously been linked to the murder of another soldier, John Lyness, in 1995, and the murders of two police constables in 1997. His DNA was found on a seatbelt buckle and in the tip of a latex glove in the burned-out getaway car that was used in the attack. He was surely involved. Nevertheless, he was acquitted at trial. Since then, he has been arrested in connection with the murder of prison officer David Black and charged with terrorism offences. Brian Shivers aided and abetted the murders by setting fire to the getaway car. He was originally found guilty of the murders and sentenced to 25 years in prison.

[Dr William McCrea (South Antrim) (DUP)]

This ghastly incident happened in my constituency. I assure the right hon. Gentleman and the families that my constituents continue to express their love and support for the families who have gone through this tragedy.

The right hon. Gentleman mentioned Mr Shivers, who is one of my next door neighbours. He told the court that he had only a few months to live. Those few months seem to have greatly increased, for he is still running around the town, seemingly in the full bloom of health. Does the right hon. Gentleman agree with me that no stone should be left unturned until those who perpetrated this ghastly, brutal murder are brought to justice? That is the only thing the people in my constituency will support. Justice must be done.

[Mr Lammy]

I am grateful to the hon. Gentleman for the way he put his remarks. I know the family have drawn some comfort from the strength of feeling in the community that justice must be done. In 2013, the conviction of Shivers was overturned by Northern Ireland’s appeal court, and he was freed following a retrial. He claimed that he had been set up and that the forensic evidence had been planted.

Forensic Science Northern Ireland and the crime scene officers made a number of careless mistakes that undermined the prosecution’s case. The getaway car was found, partly burned, containing bullets of the calibre used in the attack, two mobile phones, balaclavas, a camouflage holdall and matchsticks. DNA evidence was found on the matchsticks, in the car and on the phones. One of the phones was found to have received an answerphone message congratulating the murderers on their work.