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Northern Ireland judge says evidence of informers Ian and Robert Stewart was 'infected with lies' as 12 Ulster loyalists freed
The near collapse of a so-called "supergrass" trial against terrorist suspects in Northern Ireland proves the use of such evidence can only undermine public faith in the judicial process, Amnesty International has warned.
After 12 of 13 alleged Ulster Volunteer Force members were declared innocent of all charges, including murder, levelled against them by two brothers, questions are now being raised about a number of forthcoming "supergrass" terror trials in the province. These include a case against several Mid-Ulster loyalists who, a state witness will allege, were central to the 2001 killing of Sunday World reporter Martin O'Hagan – the only journalist deliberately murdered by paramilitaries in the Troubles.
The biggest "supergrass" trial for decades ended on Wednesday with 12 Mount Vernon loyalists walking free from Belfast crown court after the judge ruled that the evidence of Ian and Robert Stewart was "infected with lies". The brothers had agreed to testify against 13 men from North Belfast in return for lenient sentences.
There were cheers from about 200 supporters of the freed men, who were flanked by armed police officers in court, when Mr Justice Gillen effectively demolished the Stewart brothers' credibility. "The evidence before me has been too weak and unreliable, based as it was on the flawed and unreliable Stewart testimony. The supporting evidence falls far short of restoring the necessary credibility to satisfy me beyond reasonable doubt as to the guilt of any of the accused on these charges," the judge said, adding in a damning conclusion: "On some occasions, they wrongly implicated a number of men who were clearly not present at the crimes suggested," and that they had "at worst falsely embellished or at best wildly confused the roles and words of those whom they alleged were present"
One of the 12 found not guilty was Mark Haddock, a 43-year-old north Belfast man previously named in the Irish parliament as the leader of the Mount Vernon UVF. Haddock was acquitted of murdering rival loyalist Tommy English during the 2000 UVF-Ulster Defence Association feud in Greater Belfast.
The only man to be convicted – 36-year-old Neil Pollock, from Belfast – was found guilty of possessing a sledgehammer intended for use in terrorism. Another man who had been on trial had previously walked free from court, after the judge ruled last month he had no case to answer.
The men acquitted of English's murder were Haddock, 43; David Miller, 40; Alex Wood, 35; John Bond, 45; Darren Moore, 42; Ronald Bowe, 35; Samuel Higgins, 36; Jason Loughlin, 36; and Philip Laffin, 34. They were also cleared of other charges, including false imprisonment, kidnapping, UVF membership, wounding, possessing firearms and hijacking. The others acquitted were William Hinds, 47, David McCrum, 32, and Mark Thompson, 37.
Human rights organisations have expressed grave concern about the resumption of "supergrass" trials in Northern Ireland.Patrick Corrigan, Amnesty's programme director for Northern Ireland, said: "The conditions and the legislative framework are clearly different to those which existed in the 1980s, but obvious concerns remain around the quality of justice available in such a trial. The possibility of uncorroborated evidence being relied on to prosecute, especially in a non-jury trial, could be problematic.
"There exists a real danger that a focus on securing convictions under these trial conditions, could lead to a more general undermining of public faith in the administration of justice here in Northern Ireland. In the 1980s the system delivered unsafe convictions and a reduction in the credibility of Northern Ireland's justice system. It is in no one's interest to see a return to those sorry days."
Among other "supergrasses" waiting to give evidence against alleged former comrades in loyalist terror groups is Gary Haggarty, who also comes from the UVF stronghold of Mount Vernson.
He is currently being held inside MI5's regional headquarters on the eastern outskirts of Belfast is a protected "guest" of the security services.
Haggarty is a self-confessed UVF member who has since agreed to become the crown's witness against the organisation's entire leadership – a move former loyalist prisoner Billy Hutchinson says could reduce support for the continuation of the UVF ceasefire.
Meanwhile, Loyalist Volunteer Force member Neil Hyde is also in protective custody waiting to give evidence against fellow members of the hardline terror group who he says murdered Martin O'Hagan.