Retrial ordered 
over deaths of 
two soldiers

The same court ruled yesterday that the convictions against Brian Shivers for the 2009 murders of sappers Mark Quinsey, 23, and Patrick Azimkar, 21, outside Massereene army barracks in Antrim were unsafe.

After the Public Prosecution Service (PPS) applied for a new trial for the 47-year-old from Magherafelt, Co Londonderry, the three Appeal Court judges said it was in the public interest for them to grant the request.

Defence lawyer Patrick O’Connor QC had claimed that a new trial would represent an “abuse of process”.

He also argued that his client should have been acquitted at his original trial so a new case against him would effectively be contravening the law of double jeopardy.

But the judges rejected the defence submission, insisting that their decision to quash the original convictions was founded on issues relating to judicial direction. They said the judge in the new trial could address any concerns over abuse of process.

Earlier, applying for a retrial, Crown barrister Terence Mooney QC said Shivers still had a case to answer.

Shivers, dressed in a shirt and jeans, was in court for the hearing.

The English soldiers were gunned down as they collected pizza outside the gates of the barracks. They were just hours away from deploying to Afghanistan.