THE convictions of two Northern Ireland men of the attempted murder of a Ulster Defence Regiment soldier have been quashed by the Court of Criminal Appeal. The men were given 12 year sentences four years ago.
The appeal court, however, yesterday refused an application to reduce concurrent 12 year sentences imposed on the two men for having firearms to endanger life near Belleek, Co Fermanagh.
James Hughes (31) and Conor O'Neill (30) were convicted at the Special Criminal Court in Dublin in October 1992 of the attempted murder of Mr William Eric Glass at Scardene Upper, Belleek, on February 5th, 1992.
The two men, from Dungannon, Co Tyrone, with an address at Ballyshannon, Co Donegal, had denied the charges.
The court had heard that Mr Glass, a dog warden and part time UDR corporal, was lured into an IRA ambush at a remote, farm near the Border after a call about a dog.
During a gun battle Mr Glass shot dead an IRA man, Joseph McManus (21), with his personal tissue pistol and forced at least three other gunmen to flee. He was shot in the legs. Hughes and O'Neill were found by gardai, lying in a ditch near the Border in Co Donegal. Two rifles and a revolver were found soon after.
Giving the judgment yesterday, Mr Justice Barrington said one had to ask if it was beyond reasonable doubt that the group intended to kill Mr Glass. When he was wounded he must have been a sitting target.
The group fired many rounds but only one bullet struck Mr Glass, below the knee, although he had other wounds from bullet fragments and shrapnel.
The group left in response to their leader's order, leaving Mr Glass alive.