Soldiers were unarmed when shot, court hears

BRITISH SOLDIERS Patrick Azimkar and Mark Quinsey were unarmed and utterly defenceless when they were shot dead by a dissident republican paramilitary gang in March 2009, Antrim Crown Court heard yesterday.

Two members of the gang fired 65 shots that claimed the lives of the two sappers, who were just about to head off for duty in Afghanistan and seriously wounded or shocked three other soldiers, two pizza delivery men and a civilian security guard, the court also was told.

CCTV footage of two of the gunmen firing bursts of automatic rifle fire at the soldiers and civilians as they tried to take cover was played in court yesterday.

Charged with the two murders, five counts of attempted murder and two counts of arms possession are Colin Duffy (43), from Lurgan and Brian Shivers (46), from Magherafelt in Co Derry.

They deny all the charges. The killings were claimed by the Real IRA.

Mr Duffy, who has been on a no-wash dirty protest while on remand in Maghaberry Prison, appeared in the dock with a long thick bushy beard and wearing dark clothes.

Mr Shivers, who has been out on bail due to the cystic fibrosis from which he suffers, sat alongside him. Both men were flanked by prison officers.

Sappers Azimkar (21), who was from London, and Quinsey (23), from Birmingham, were two of a group of soldiers who had ordered pizzas to be delivered to the gates of the British army Massereene barracks in Antrim, said prosecuting lawyer Terence Mooney QC.

Mr Mooney told Mr Justice Hart, who is hearing the non-jury Diplock murder case, how a casual method of allowing pizzas to be delivered in this way left soldiers vulnerable to attack.

“On March 7th, 2009, a surprise and murderous attack was carried out by terrorists using automatic assault rifles,” said Mr Mooney.

“The targets were unsuspecting and utterly defenceless soldiers and civilians who were gathered at the entrance gates to the base. The nature of the attack and the manner in which it was executed bears the unmistakable stamp of a highly organised and ruthless terrorist attack,” he added.

He said that after the first shots were fired, the gunmen began shooting again. “Chillingly they moved in and shot them as they lay on the ground, undoubtedly to ensure that the victims were despatched.”

The court heard an audio clip from a mobile phone one of the gang allegedly used while in the getaway vehicle. He accidentally recorded himself. Before aborting the call voices are heard to say, “There was a few dead all right,” and, “I have to say boys you were as cool as f**k”.

Mr Mooney said the gang “bungled” its attempt to burn out the car, with the result that several items were recovered such as the tip of a latex glove, used or partially used matches, a coffee jar of bullets of the same calibre used in the attack, balaclavas, paramilitary combat clothing, a petrol container and a plastic cap from the container.

The prosecution argued that DNA from the tip of the latex glove and from the matches and from one of the mobile phones, as well as soil samples and other evidence, would link Mr Duffy and Mr Shivers to the murders.

Mr Mooney also alleged that Mr Shivers’s alibi that he was at home with his girlfriend at the time of the murders would “not stand up to scrutiny”.

The prosecution’s case was that Mr Duffy and Mr Shivers either “assisted in the attack” or that they were involved in a joint enterprise knowing an attack would take place.