EVIDENCE that an RUC constable was "totally infatuated" with a woman colleague should not have been allowed at his trial when he was convicted of murdering his wife and two children, the Appeal Court in Belfast heard yesterday.
Counsel for John Torney (11), who was jailed for life last March, said the trial judge's decision to admit the evidence had prejudiced the jury against him.
Mr Andrew Donaldson QC was opening Torney's appeal against his conviction by a 10-2 majority of murdering his wife, Linda (33), son, John (13) and daughter, Emma (11).
Mrs Torney a former policewoman and the two children were found dead in bed at their home at Lomond Heights, Cookstown, Co Tyrone, on September 20th, 1994. Each had a single gunshot wound to the head.
Torney, from Enniskillen, Co Fermanagh, denied murdering them with his RUC issue Ruger revolver. He claimed his son had gone "clean mad", killing his mother and sister before turning the gun on himself. But the prosecution alleged that Torney's marriage was failing, he had become "totally infatuated" with a colleague, Constable Ailsa Millar, and planned to use £80,000 of insurance money to buy a house near her home at Ballymena.
Mr Donaldson told the three appeal judges: "The whole matter of Ailsa Millar was raised in a remarkable way and I doubt if anyone or any court has heard of someone who is prepared to kill his wife and children because of a mere infatuation something in his mind only."
He said the association was innocent and it was entirely speculative to say that there was even an infatuation. It was so remote, so unconnected that it was not relevant in any way and had no probative value, Mr Donaldson told the appeal.
Referring to evidence of a contraceptive having been found in the Torney home, even though Mrs Torney had had a hysterectomy, Mr Donaldson said it was another example of the Crown being driven to use every piece of evidence, whether it had probative value or not.
The aim, he said, was to tip the balance against Torney, such was the unsatisfactory nature of the evidence relating to the actual shooting.
Mr Donaldson said the son's death had all the appearance of being suicide and he held up in court a pair of black gloves he was wearing when police found the bodies.
"The evidence is consistent with the boy having fired the gun with his right thumb on the trigger, pointing the gun at his forehead," said Mr Donaldson.
The appeal is expected to last two weeks.