AN RUC constable has lodged an appeal against his conviction last month for murdering his wife and two children.
John Torney (40) was sentenced to life imprisonment for shooting his wife, Linda, (33), his son, John (13), and daughter, Emma (11). They were killed by a single bullet in the head at their home in Lomond Heights, Cookstown, Co Tyrone, on September 20th, 1994.
Torney denied the murders and claimed his son had shot his mother and sister before turning his father's RUC issue revolver on himself. However, the prosecution claimed Torney had become "totally infatuated" with Ailsa Millar, a colleague at Magherafelt RUC station, and that he planned to use the £80,000 he would get from his wife's death to buy a house to be near her home at Ballymena, Co Antrim.
Torney was convicted by a 10-2 majority after a six week trial at Belfast Crown Court. Lord Justice Cars well said the interests of the public required him to mark the "callous cruelty" of the murders by recommending that Torney serve at least 20 years.
The grounds of appeal lodged in the High Court claim the convictions were unsafe and unsatisfactory and were against the weight of evidence. The papers also claim that Lord Justice Carswell misdirected the jury on the law and on the facts which led to material irregularities during the trial.
A judge has to grant leave before an appeal can proceed. If leave is granted, the case will be listed in the Court of Appeal to fix a date. However, any hearing is not expected until after the summer recess because of the time needed to transcribe the lengthy evidence.
Torney has applied for permission to be at the appeal.