THE PUBLIC PROSECUTION Service (PPS) in Northern Ireland has applied to have Brian Shivers retried for the murder of two soldiers at the Massereene Barracks nearly four years ago after his conviction was quashed yesterday.
The Court of Appeal has ordered the retrial this morning following an application by the PPS in the North.
The PPS has confirmed that it has applied for Shivers to be retried after a court of appeal yesterday quashed his conviction for two counts of murder after finding that the original trial did not establish when Shivers allegedly became aware of the murder plot.
The quashed offences related to an attack on two British Army soldiers, Mark Quinsey and Patrick Azimkar, at the Massereene Barracks in Co Antrim on 7 March 2009, an attack which the Real IRA claimed it was behind.
Shivers, who has cystic fibrosis and is said to be terminally ill, was sentenced to a minimum of 25 years in prison in February of this year while his co-accused Colin Duffy, 44, was acquitted of all charges including the two murders.
Yesterday, the Court of Appeal said that Shivers’s conviction was unsafe and said that no finding was made about when the appellant allegedly became aware of the plot to murder the two soldiers.
Lord Chief Justice Sir Declan Morgan said that the court did not accept that a person who provides assistance after a murder with full knowledge of what has happened automatically becomes guilty of that murder.
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