Man cleared of 'IRA gang' murder

12 April 2012

A man was cleared of murdering Robert McCartney, who was beaten and stabbed to death outside a Belfast bar in an attack blamed on IRA members.

Father-of-two Mr McCartney, 33, from east Belfast's nationalist Short Strand, was attacked on the night of January 30 2005 after getting caught up in a row. His friend Brendan Devine was also stabbed but survived.

Terence Davison, 51, from Belfast, was cleared of the murder at Belfast Crown Court.

Mr McCartney's 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, Mr Justice John Gillen acquitted Davison of the murder charge and two further counts of affray. 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.

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."

Create a FREE account to continue reading

eros

Registration is a free and easy way to support our journalism.

Join our community where you can: comment on stories; sign up to newsletters; enter competitions and access content on our app.

Your email address

Must be at least 6 characters, include an upper and lower case character and a number

You must be at least 18 years old to create an account

* Required fields

Already have an account? SIGN IN

By clicking Create Account you confirm that your data has been entered correctly and you have read and agree to our Terms of use , Cookie policy and Privacy policy .

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Thank you for registering

Please refresh the page or navigate to another page on the site to be automatically logged in