The Five Demands

Judge refuses Duffy ‘bug’ bid (UTV)
Police interviews in which Massereene murder accused Colin Duffy refused to answer questions – over fears consultations with his then solicitor were being bugged – will be heard at his trial, despite a bid to have the evidence excluded.
The Lurgan man’s legal team didn’t want the interviews to be used in case his lack of co-operation is relied on in court to make an adverse inference.
Duffy and his co-accused Brian Shivers, from Magherafelt, are accused of killing Sappers Mark Quinsey and Patrick Azimkar in a Real IRA ambush in March 2009 and attempting to murder six others – charges they both deny.
Mr Justice Anthony Hart told Antrim Crown Court on Thursday that he was refusing the application, on the grounds that the legal advice received by Duffy was “adequate and appropriate”.
He added: “It cannot be said that the failure to provide an assurance (that consultations had not been bugged) deprived him of legal advice or that it forced him to make incriminating admissions, because he made none.”
Duffy was interviewed about the Massereene shooting at Antrim custody suite, accompanied by his then solicitor Patrick Vernon.
Mr Vernon said he felt unable to properly advise his client in the absence of police assurances that they were not being bugged.
The claim came after solicitor Manmohan ‘Johnny’ Sandhu was imprisoned for unrelated offences in an earlier case where his conversations were recorded at the same police station.
Duffy was counselled to deny membership of any organisation or any involvement, after he told his solicitor he was not guilty.
Mr Justice Hart said: “I am not persuaded that, even if Mr Vernon had received the assurances he asked for, that the defendant would have been advised to disclose something he may later rely on – because there is nothing to suggest that would have been the case.”
He said had the defendant been suffering from some form of mental or other disability that might have affected his ability to make an informed decision whether to answer questions or not, it would have been a different matter.
The judge added that the ruling did not mean adverse inference would necessarily be drawn.
The court later heard evidence from soil and geology experts who helped analyse samples taken from clothing belonging to Duffy and material from the alleged getaway car, which was recovered a short distance from the shooting.
The trial will continue on Monday.

Related articles

• Judge refuses Duffy ‘bug’ bid (u.tv)
• Barracks murder judge refuses bid (sligochampion.ie)
• Soldiers accused ‘feared bugging’ – Belfast Telegraph (belfasttelegraph.co.uk)
• Soldiers accused ‘feared bugging’ (sligochampion.ie)
• Massereene murders: Colin Duffy’s lawyer had ‘monitoring concerns’ – BBC News (bbc.co.uk)