The Five Demands

Shivers ‘wrongly convicted’ of murder (UTV)

Defence lawyers for a terminally ill man jailed for killing two soldiers in Antrim have told an appeal hearing he was wrongly convicted.

A Court of Appeal heard on Thursday that “it was legally impossible” for Brian Shivers to have been found guilty on the facts as a secondary party.

Shivers is seeking to overturn a verdict that he played a role in the murder of Sappers Mark Quinsey, 23, and 21-year-old Patrick Azimkar.

The sappers were gunned down by the Real IRA as they collected pizza at the Massereene Barracks in March 2009.

Shivers, 46, from Magherafelt, Co Londonderry, was ordered to serve a minimum 25 years in prison for his part in the killings.

He was also found guilty of six counts of attempted murder and possession of two firearms with intent to endanger life.

Colin Duffy, a 44-year-old republican from Lurgan, Co Armagh, was acquitted of all charges including the two murders.

Shivers suffers from cystic fibrosis and it is believed he may only have a few years to live.

He was found guilty on the strength of a DNA link to matches found in the partially burnt-out getaway car used in the gun attack.

Shivers was also found to have lied about his whereabouts and actions on the night of the murders.

The judge who convicted him acknowledged he had played a lesser role than the gunman, but emphasised his alleged attempt to destroy the getaway car implicated him.

Defence counsel Patrick O’Connor QC said the guilty verdict was unsafe as the ruling was based on Shivers’ conduct after the attack.

“There was no finding that Mr Shivers, by inference, had been party to a joint enterprise to carry out the attack,” he said.

Heavily bearded and dressed in a short-sleeved shirt, Shivers was brought into court in handcuffs for the appeal hearing.

His barrister acknowledged the terrible consequences of the shootings.

“These were appalling offences which caused immense loss and suffering to the victims and families,” Mr O’Connor said.

“Nothing we say can, nor is intended to, detract from that.”

“There is a fundamental problem here- the prosecution never suggested a single act which could amount to aiding, abetting, counselling or procuring.”

Terence Mooney QC, prosecuting, rejected the defence case. He said that the gunmen could only be confident to carry out the murders if they knew the getaway car would be destroyed at a rendezvous point.

Lord Chief Justice Sir Declan Morgan, sitting with Lord Justices Higgins and Girvan, reserved judgment in the appeal.

Sir Declan said: “There are some delicate matters here that we want to look at very carefully.”