Boys' fire deaths were murder, judge is told

Judgment has been reserved in the murder trial of a Ballymoney salesman, Mr Garfield Gilmour

Judgment has been reserved in the murder trial of a Ballymoney salesman, Mr Garfield Gilmour. His lawyers called for him to be acquitted of the murder of the three Quinn children, and to be convicted of their manslaughter.

Mr Gilmour (24), from Newhill Park, Ballymoney, denies murdering the boys. He claims that the Ulster Volunteer Force was behind the petrol-bomb attack on the Quinn home in Carnany Park during the early hours of July 12th last year.

Richard (11), Mark (10) and Jason (9) all died in the fire.

In 19 interviews given to police over four days, Mr Gilmour named the three UVF men responsible and admitted driving them to and from the predominantly Protestant estate.

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Mr Gilmour has claimed he was forced by them to drive the car, and that he did not know they intended to petrol-bomb the house. "I guessed they were going to do something, but not that bad," he said in interviews.

But in closing submissions to Belfast Crown Court, sitting in Coleraine Courthouse, Co Derry, his defence lawyer, Mr Arthur Harvey QC, told Lord Justice McCollum that those admissions did not amount to a murder confession, and that "the proper verdict was one of manslaughter."

He said Mr Gilmour was possibly an individual who was "ill-equipped through background and lifestyle to cope" with those in the UVF with whom he had been associating.

"A person can feel threatened without threats being issued. His choice was limited when he was asked to drive," said Mr Harvey. Prosecuting, Mr Gordon Kerr QC, in his final submission, maintained that Mr Gilmour was guilty of murder.

He claimed that it "flies in the face of reality that Gilmour was not aware what was going to happen" when he drove the three UVF men to the Quinn house. Mr Gilmour was a "willing and knowledgeable" participant, he said.

Evidence of a grievance held by Mr Gilmour against the boys' uncle, Mr Colm Quinn, gave him a motive, said Mr Kerr.

The accused has alleged that Mr Quinn gave his daughter drugs, telling her they were sweets, and that he visited Mr Quinn three months before the July attack in the company of two of the UVF men to "work things out".

Mr Kerr added that Mr Gilmour's failure to give evidence "allowed the court to draw adverse inferences. It is clear the defendant has lied in his role in this matter."

Lord Justice McCollum said that, given the complex legal issues in the case, he wished to review before deciding on what principles should be adopted when considering his verdict. But he said he hoped to deliver it as soon as possible.