BEFORE the death of Mrs Linda Torney her brother had been concerned that a gun might be used in the house, Belfast Crown Court heard yesterday.
Mrs Torney's husband John (40) denies murdering her and their children in September, 1994. He claims that their son, John, shot his mother and sister before killing himself.
Yesterday, Mrs Torney's brother, Mr Gordon Duff, an RUC constable, told the Crown Court of confronting Mr Torney about his fears as he tried to help them patch up their marriage.
Mr Duff said about two weeks before the killings he had asked Mr Torney about his gun. "I said I was aware his father had been shot with his own gun and I hoped that the gun wouldn't come into play, and he said it wasn't an issue, it wasn't in question," said Mr Duff.
He said his sister Linda had told him she and John were to separate and that the children, John and Emma, were to live with him and his mother.
But Mr Duff said his sister, who was tearful, kept repeating her love for her husband and family and declared "she would always remain Linda Torney and that she would never remarry".
Mr Duff also told the court that on August 24th, 1994, after his sister had stayed at their father's house, she returned home. He claimed that Mr Torney then told him: "It's going to take a bit of time to sort me out", and although his sister looked "glum", he thought the couple might be getting back together.
Mr Duff said he then met the couple in their own home on "September 3rd, telling them "all this toing and froing was getting us all down and something had to be sorted out".
"John said, `It's like this, Linda loves me and I don't want her no more'," he added.
Mr Duff said it was at this stage, his sister told him they were to separate and that John was to have the children. He added that he told his sister the matter should go to court to protect her interests and possibly to get custody of the children.
Mr Duff then asked each of them if anyone else was involved, or drink, or assaults within the marriage, to which "both indicated no". Mr Duff claimed when he pressed Mr Torney for an explanation he admitted there were reasons, but when Linda asked, Mr Torney allegedly said "I wouldn't like to tell you in front of your brother".
The trial continues today.