Articles | Verdict due in McCartney trial

Man cleared of McCartney murder

Published: Friday, 27 June 2008, 11:44AM

A man has been cleared of killing father-of-two Robert McCartney in a Belfast pub in an attack blamed on alleged IRA members.

Mr McCartney, 33, was beaten and stabbed to death outside Magennis' bar on January 30, 2005 following a row. Brendan Devine, a friend of Mr McCartney, was also stabbed.

Terence Davison, 51, was cleared of the murder at Belfast Crown Court as well as two further accounts of affray, by the judge, Mr Justice John Gillen.

Co-accused James McCormick, 39, and Joseph Fitzpatrick, 47, were also found not guilty of affray. Fitzpatrick was acquitted on a further charge of assault.

Mr McCartney is from east Belfast's nationalist Short Strand and his five sisters travelled to Washington and Brussels in their campaign to bring the killers to justice.

They have spoken of their devastation since the killing, with broken relationships and house moves disrupting their lives. They also accused the IRA of intimidation during their campaign.

The judge said at the end of his 74-page judgment: "I recognise that the family of Mr McCartney and others who held him dear will be frustrated and disappointed that whoever it was who cut this young man down in the prime of his life has or have not been brought to justice."

The judge, who sat without a jury, continued: "However, the memory of Mr McCartney and the rule of law itself would be ill-served by this court failing to observe the high standards of criminal justice and the burden of proof which prevail in courts in Northern Ireland."

He went on: "The law is not a feather for every wind that blows and the need to ensure that defendants are found guilty only if there is proof beyond a reasonable doubt cannot be sacrificed to genuine and justifiable public concern that miscreants should be brought to justice."

The judge warned the three acquitted men that they could yet be brought back to court if more evidence emerges.

He said: "I have no doubt that the investigation into this crime will continue and if new evidence emerges in connection with this murder no one, including for that matter even the accused in this trial, will be beyond the reach of potential prosecution."

Delivering the judgment, the judge went in detail through the 19 days of evidence he heard about the events on the night of the murder which started with an argument in the bar and ended up with Mr McCartney stabbed to death in the street a short distance away.

None of the defendants entered the witness box during the trial and the judge ignored a suggestion from the Crown that he should draw adverse implications from that.

Much of the evidence against Davison and his co-accused centred on that of a woman known only as Witness C during the trial.

The judge said that she was "transparently honest" and courageous to give evidence but he said he found flaws in that evidence and was not satisfied beyond a reasonable doubt that she had seen what she believed she had seen.