THE JUDGE presiding over the Robert McCartney murder trial said he will reveal his verdict “in the not too distant future”.
Mr Justice Gillen made the comment yesterday as the month-long trial, which has been held at Belfast Crown Court, came to an end.
After hearing closing arguments by the Crown and the defence, Mr Justice Gillen said: “I will have to spend some time reflecting on it before I reach my final conclusion. I will do that as soon as possible and that will be in the not too distant future.”
Terence Davison (51) has been charged with murdering the 33-year-old father of two who was beaten and stabbed on January 30th, 2005, following a brawl in Magennis’s bar. Mr Davison has also been charged with affray, as have co-accused James McCormick (39) and Joseph Fitzpatrick.
Mr Fitzpatrick has also been charged with assaulting Mr McCartney’s friend, Ed Gowdy. All three defendants deny the charges.
After the Crown raised no objections to the men being released on continuing bail, Mr Justice Gillen told the court: “Should my verdict be, at the end of this, that these men are guilty of any of the charges, I regard these charges so serious I will not be granting bail on a guilty verdict being given.”
Speaking on the final day of the trial, Mr McCartney’s sister, Paula Arnold, said that listening to the evidence of her brother’s murder has been “horrendous”.
Ms Arnold said: “It has been very, very difficult for us, especially listening to the brutality that Robert suffered.”
During the final day of the trial, Crown prosecutor Ciarán Murphy QC told Mr Justice Gillen: “The evidence before the court is sufficient to prove the charges . . . beyond reasonable doubt.” The prosecutor also said the case before the court was one where “inferences could properly be drawn” by the refusal of all three defendants to give evidence at the hearing.
He said Mr Davison accepted he was in Magennis’s when a fight broke out which resulted in Mr McCartney’s friend, Brendan Devine, having his throat cut.
Mr Murphy said the accused also accepted his nephew Gerard “Jock” Davison sustained a hand wound in the brawl and there were “aggressive exchanges” outside the bar. The prosecutor said Mr Davison also admitted confronting Mr McCartney outside the bar.
Defence barrister Orlando Pownall said the “extraordinarily diverse” evidence of the three main Crown witnesses – Brendan Devine, Ed Gowdy and Witness C – “exposed the shortcomings in the Crown’s case”.
Saying the case has been “fraught with difficulties”, Mr Pownall urged the judge to acquit his client on both the charges of murder and affray. – (MM News Services)