Judgment has been reserved in the trial of a convicted loyalist killer who denies the sectarian murder of chip shop owner Alfredo Fusco in February 1973.
Belfast Crown Court judge Mr Justice McLaughlin, sitting alone as a Diplock Judge, told 58-year-old Robert James Clarke, from Dundrod Road, Nutts Corner, that he would give his ruling in the new year.
Clarke’s defence argue that, given the passage in time, the prejudice in the case was such that it should either be stopped, as he can’t get a fair trial, or that given the state of the evidence, he should be acquitted of murdering 53-year-old Mr Fusco.
The prosecution in turn claims the defence have failed to establish prejudice in the case preventing Clarke from getting a fair trial, and that the evidence was such that there was a compelling case against him on which they would invite the court to convict.
Clarke was released on continuing bail.