BRIAN SHIVERS was yesterday convicted of the 2009 dissident republican murders of British soldiers Patrick Azimkar and Mark Quinsey in Antrim. His co-accused, leading Lurgan republican Colin Duffy, was found not guilty of involvement in the murders.
Shivers (46) from Magherafelt, Co Derry, was sentenced to life in prison by Mr Justice Hart, while 44-year-old Mr Duffy walked free to be greeted by his family and supporters at Antrim Crown Court.
Both men were charged with two counts of murder, six of attempted murder and one of possession of two firearms and ammunition with intent to endanger life.
Mr Quinsey (23) and Mr Azimkar (21) died in a hail of gunfire on March 7th, 2009, at the Massereene British army barracks as they collected a pizza delivery at the gates of the base. The Real IRA claimed responsibility.
During the trial, CCTV footage was shown of two gunmen firing from AK47 rifles at soldiers and delivery men at the gates.
The court also heard an audio clip created when one of the gang accidentally recorded himself on a mobile phone in the getaway car. He said: “There was a few dead all right,” and “I have to say boys you were as cool as f**k”.
The prosecution’s case was that Mr Duffy and Shivers either “assisted in the attack” or were involved in a joint enterprise knowing an attack would take place. It contended that DNA linking both men to the getaway car would establish the guilt of Mr Duffy and Shivers.
The DNA evidence was recovered from the Vauxhall Cavalier getaway car, which the dissident gang failed in its attempt to burn.
Mr Justice Hart accepted that DNA from the tip of a finger of a latex glove in the car and from the metal tongue of the front passenger seat belt was Mr Duffy’s.
However, he found that Mr Duffy, who is 5ft 11in (180cm), could not have been one of the gunmen because expert evidence estimated their height at 6ft 3in (191cm) and 6ft 6in (198cm).
Moreover, expert evidence found the voice that was recorded was not Mr Duffy’s and as there were just three people in the car, including the gunmen, Mr Duffy could not have been involved in the attack.
The judge was satisfied that at some stage between the purchase of the car in February 2009 and the attack, Mr Duffy was in the vehicle while wearing latex gloves and that “he must have known that the Cavalier was going to be used by others in the commission and furtherance of a criminal act”.
While there was strong suspicion Mr Duffy “did know what was going to happen”, this was not sufficient by itself to establish guilt.
The judge found Shivers, who has cystic fibrosis, was involved in setting fire to the getaway car.
He was satisfied Shivers’s DNA was found on two matches located in the car, and that these matches were used to light the vehicle. This was strengthened by traces of his DNA found on a mobile phone recovered from the car and on a match found outside the car.