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Brian Shivers cleared of murdering British sappers in Massereene Barracks pizza ambush

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Brian Shivers

Brian Shivers

PA

Sappers Patrick Azimkar (left) and Mark Quinsey (right), who were shot dead outside the Massereene Barracks, Antrim, in 2009

Sappers Patrick Azimkar (left) and Mark Quinsey (right), who were shot dead outside the Massereene Barracks, Antrim, in 2009

MOD Crown Copyright

Flowers left at the entrance to Massereene Army Base

Flowers left at the entrance to Massereene Army Base

Wreaths being laid at Massereene Army base in Antrim

Wreaths being laid at Massereene Army base in Antrim

PA

Flowers at the scene of the fatal shootings outside Massereene army base

Flowers at the scene of the fatal shootings outside Massereene army base

Soldiers line the route as the coffins of British soldiers Mark Quinsey, 23, from Birmingham, and Patrick Azimkar, 21, from London, leave Massereene British Army base on March 12, 2009.

Soldiers line the route as the coffins of British soldiers Mark Quinsey, 23, from Birmingham, and Patrick Azimkar, 21, from London, leave Massereene British Army base on March 12, 2009.

PETER MORRISON

The coffin of Sapper Mark Quinsey inside the Immanuel Church, Birmingham during his funeral.

The coffin of Sapper Mark Quinsey inside the Immanuel Church, Birmingham during his funeral.

Rui Vieira

The coffins of sappers Patrick Azimkar and Mark Quinsey leaving Massereene Barracks in Antrim

The coffins of sappers Patrick Azimkar and Mark Quinsey leaving Massereene Barracks in Antrim

PA

Mark Quinsey, with his mother Pamela (left) and and sister Jaime (right)

Mark Quinsey, with his mother Pamela (left) and and sister Jaime (right)

Sapper Patrick Azimkar, who died in the attack alongside Mark Quinsey.

Sapper Patrick Azimkar, who died in the attack alongside Mark Quinsey.

Geraldine and Mehmet Azimkar, the parents of sapper Patrick Azimkar who was shot dead at the gates of Massereene army barracks

Geraldine and Mehmet Azimkar, the parents of sapper Patrick Azimkar who was shot dead at the gates of Massereene army barracks

Brian Shivers denies involvement in a fatal gun attack outside Massereene army barracks

Brian Shivers denies involvement in a fatal gun attack outside Massereene army barracks

PA Wire/Press Association Images

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Brian Shivers

Brian Shivers, the man accused of killing two British soldiers at Massereene barracks has been acquitted.

Shivers was today found not guilty of the double murder by Belfast Crown Court judge Mr Justice Deeney.

He also acquitted the 47-year-old of the attempted murders of four other soldiers and and two pizza delivery men, as well as possessing the automatic assault rifle which was used in the shooting incident outside Massereene Barracks in Antrim on March 7, 2009.

Shivers was also found not guilty of a charge of assisting the killers by burning the car they used to get away from the bloody scene.

It can now be revealed that this is the second time Shivers has been tried for the murders.

In 2011 during a trial where he was co-accused with prominent republican Colin Duffy, he was convicted of the killings and attempted murders and jailed for life - but those convictions were quashed by the Court of Appeal which also ordered a retrial.

Duffy, meanwhile, was acquitted by then-trial judge Mr Justice Hart.

Finding Shivers not guilty of all charges, Mr Justice Deeney said that the prosecution had not discharged their duties in disproving all other possible innocent explanations for Shivers' DNA profile to have been found on two partially burnt matches inside the car, another inside the car and a mobile phone.

As such, he was not sure beyond reasonable doubt and so was finding him not guilty of all the charges.

Mr Shivers, dressed in a blue jacket and cream trousers, showed no emotion when Mr Justice Deeny said he was free to go.

The judge said that when he considered if the prosecution had proved the defendant's guilt beyond reasonable doubt the answer was "clearly no".

He said the Crown contention that Mr Shivers had played a key role in helping the gunmen get away and burn the attack vehicle was not convincing.

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The judge asked why hardened terrorists would choose Mr Shivers, who suffers from cystic fibrosis and was engaged to a Protestant woman, as an associate.

"He was an unlikely associate for this hardened gang to rely on," he said.


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