A Co Monaghan man, Mr Bernard McGinn, accused of the murder of the last soldier to be killed in Northern Ireland, named one of his co-accused as the actual sniper, while he "rode shotgun", Belfast Crown Court heard yesterday. The claim was made by the prosecution before judgment in the trial of five men was reserved by the Lord Chief Justice, Sir Robert Carswel.
Prosecuting counsel Mr John Creaney QC said that while Mr McGinn (41) named Mr Micheal Caraher (31) as the sniper who shot Lance Bombardier Stephen Restorick on February 12th, 1997, this could not be used as evidence against Caraher or any of his co-accused.
He further claimed that during police interviews Mr McGinn, from Henry Street, Castleblayney, also named Caraher and two other co-accused as being involved in the December 1993 sniper murder of another soldier, Lance Bombardier Paul Garrett outside Keady in south Armagh.
Mr Creaney said Mr McGinn again identified Mr Caraher, from Kiltybane Road, Cullyhanna, as the sniper, and said back-up was Mr James McArdle (30), Lurgan Road, Crossmaglen.
Mr McGinn told police he acted as a scout for the murder team and had been driven to the scene by another accused, Mr Martin Mines (30), from Tullydonnell, Silverbridge, Co Armagh.
Mr Creaney said McGinn also told detectives he joined the IRA at 15 and became a killer three years later when in August 1978 he "shot a wee lad in Keady", former UDR soldier Gilbert Johnston.
Mr McGinn and his co-accused were arrested on April 1Oth, 1997, when undercover soldiers raided the Crossmaglen farm of Mr Michael Kearns (58). Security forces discovered an American-made Barrett sniper's rifle there.
In his police interviews Mr McGinn claimed he and his three co-accused, who deny conspiracy to murder and possessing the Barrett rifle, were waiting for a radio signal from scouts to go and shoot a soldier in south Armagh that day, Mr Creaney said.
Mr Creaney also claimed McGinn told police he had made the bombs for the April 1992 attack on the Baltic Exchange and the February 1996 attack on Canary Wharf.
But defence counsel Mr John McCrudden said the court "should accord these statements absolutely no weight" as they were taken in a "totally unorthodox manner" and where Mr McGinn's rights had been violated.
Lawyers for the other men said the case against them was purely circumstantial. Counsel for Mr Kearns said there was no direct evidence to suggest he was aware of the men or weapons being on his farm.