Court told prosecution case against James Stewart Smyth, accused of murdering Eamon Fox and Gary Convie in 1994, is deeply flawed. Smyth denies killing the two Catholic men, who were shot dead while eating lunch at a Belfast building site. The trial heard that Smyth’s DNA was found on a jacket alongside the murder weapon, and he was identified as the gunman by former UVF chief Gary Haggarty. Smyth’s barrister argued that Haggarty may have been motivated to provide Smyth’s name to protect himself, and that there is no independent supporting evidence to convict Smyth. A ruling on the “no case to answer” application will be given on 9 January.

Two Catholic men, Eamon Fox and Gary Convie, were shot dead in Belfast’s North Queen Street in May 1994. The trial of James Stewart Smyth, who is accused of murdering the two men, has been described as deeply flawed and weak by his defense lawyers.

Smyth, 57, denies killing Fox and Convie, as well as the attempted murder of a third man known as Witness A. He also denies possession of a Sten sub machine gun and ammunition with intent, as well as being a member of the Ulster Volunteer Force (UVF). The trial, which began in October, has heard evidence that Smyth’s DNA was found on a jacket located alongside the murder weapon in a derelict house near the crime scene. Former UVF chief Gary Haggarty has also identified Smyth as the gunman.

Smyth’s defense barrister, Michael Borrelli, argued that the case against his client is deeply flawed. He suggested that Haggarty may have been motivated to provide Smyth’s name due to his relationship with Special Branch handlers. Borrelli also highlighted discrepancies in witness descriptions of the gunman’s height, noting that Smyth is notably short. He further questioned the significance of Smyth’s DNA on the jacket, stating that it does not prove his client’s association with the gun.

Prosecution barrister Kieran Murphy acknowledged the multiple descriptions of the gunman given by witnesses and the difficulty of being definitive in a quick and traumatic incident. He also addressed the issue of Smyth’s DNA, stating that it was found on the jacket worn by the gunman. Murphy argued that Haggarty’s account of the murders and other terrorist offences was consistent, unlike Smyth who has denied involvement but provided no further explanation.

The ruling on the “no case to answer” application will be given on January 9 by Mr. Justice O’Hara. The trial continues as the defense argues that the prosecution’s case against Smyth is weak and flawed.