Judge `excuses' contempt of witness who halted evidence in boy's death case

A BELFAST judge yesterday for gave the contempt of court of Glen Haggan, the self-confessed killer of Lurgan schoolboy Gavin Malcolm, over his refusal to continue giving evidence against his three accomplices.

The Crown Court judge, Mr Justice McCollum, said he would "excuse" the contempt after hearing that Haggan had initially ignored death threats to give evidence but in the end humiliation and stress forced him to back down.

Mr Justice McCollum, who on Wednesday jailed two of 19 year old Haggan's co-accused for 12 years for manslaughter, said while it was "regrettable" Haggan's resolution failed him, he would take no further action against him.

Haggan's lawyer, Mr Thomas Fitzpatrick BL, told the judge Haggan had been willing to assist the court in every way he could. But last October, he had to be moved from the main prison after he had received death threats, including threats to poison his food.

Mr Fitpatrick said Haggan was even offered money not to give evidence and his family were forced to move home when they also received death threats.

He said as the trial date approached, Haggan became "anxious" and had nightmares. When he got to court, he was very uncomfortable having to face the accused. Haggan was also confused by defence questions and "felt unable mentally to cope as he had thought he would be questioned only about his evidence and nothing more.

Mr Fitzpatrick said Haggan was unprepared to answer personal questions and found it "particularly upsetting" that certain matters he thought could not be raised were raised. He also did not like his mother being mentioned in court.

He said Haggan felt "humiliated and embarrassed at the aggressive questioning" and that "eventually it became too much for him".

Medical evidence also suggested that if Haggan had tried to continue to give evidence he would have "broken down again". "He just couldn't face the stress of everyday court," said Mr Fitzpatrick, adding that Haggan had never shown and impertinence or defiance towards the court.

Mr Justice McCollum said it was "absolutely disgraceful" that Haggan's family should suffer and they deserved credit for having supported his decision to give evidence. He added while his refusal to continue giving evidence was a contempt of court, he had performed a public service in coming to court and played an important role in bringing "this tragic case" to a conclusion.

Mr Justice McCollum said he observed Haggan in the witness box and he did show signs of stress. He also accepted that being asked about family matters played a part in Haggan not completing his evidence.

He added it was "regrettable" Haggan "had not the resolution to complete the task" but he was satisfied at no time did he intend to show any disrespect to the court.

Mr Justice McCollum said "the best course to take is no further action" and told Haggan. "I will excuse, in all the circumstances, your contempt."