Belfast Telegraph

Hazel Stewart's bid to keep pension of husband she killed on hold

By Alan Erwin

Convicted double killer Hazel Stewart's legal battle over police pension benefits inherited from her murdered first husband has been put on hold.

The National Crime Agency was due to go before the High Court next week to seek an order for her to repay funds she gained following the death of Trevor Buchanan.

But the civil action was taken out of the lists yesterday due to ongoing difficulties in securing legal aid for the former Sunday school teacher to defend the action.

A judge was told issues have been raised about the financial circumstances of her second husband, retired police superintendent David Stewart.

Despite being named as a joint respondent in the proceedings, there is no suggestion whatsoever of any wrongdoing by Mr Stewart.

The case centres on finances which have since been tied up in the couple's family home. Hazel Stewart (51) is serving a minimum 18-year jail sentence for murdering Constable Buchanan (32) and 31-year-old Lesley Howell, the wife of her ex-lover Colin Howell.

Attempts to recover money from the mother-of-two under proceeds of crime legislation have now been adjourned twice.

The hold-up in gaining legal aid centres on requests for her current husband's financial details to be included on the funding application form.

Hazel Stewart's lawyers dispute that the information is required.

In court yesterday barrister Eugene McKenna confirmed: "The application still has not been dealt with by the Legal Services Commission.

"They have raised an issue about my client's husband, who is a co-defendant, his financial circumstances." Mr McKenna contended that those details were not relevant because David Stewart has a "clear contrary interest" in the case.

The court heard how, if the legal aid request was ultimately refused, that decision would go to an appeal.

With no objection raised by the National Crime Agency, Mr Justice Treacy agreed to adjourn the case until next month.

Stewart was unanimously convicted of both killings by a jury at Coleraine Crown Court in March 2011.

The victims were found in a fume-filled garage in Castlerock, Co Londonderry, in May 1991.

Police originally believed they had died in a suicide pact after discovering their partners were having an affair.

They were in fact murdered before their bodies were arranged to make it look like they had taken their own lives.

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