THE COURT of Criminal Appeal has reserved judgment in the appeal by two Northern Ireland men against their 12 year prison sentences for the attempted murder of a part time UDR man in a farmyard in Fermanagh four years ago.
The men, James Hughes (32) and Conor O'Neill (31), both from Dungannon, Co Tyrone but with addresses at Ballyshannon Co Donegal, have also appealed against their 1992 convictions in the Special Criminal Court.
Yesterday's day long appeal was heard by Mr Justice Barrington, Mr Justice Geoghegan and Mr Justice McCracken. They are expected to announce their decision today.
Hughes and O'Neill were sentenced to 12 years for the attempted murder of Mr William Glass, a part time UDR member, at Scardane Upper, Belleek, Co Fermanagh, on February 5th, 1992; and to 10 years for various firearms offences. The sentences were imposed concurrently.
The court heard during their nine day trial that Mr Glass, a Fermanagh dog warden and part time Ulster Defence Regiment corporal, was lured into an IRA ambush at a remote farm 1 1/2 miles from the Border after he received a call about a dog that needed putting down.
During a gun battle in the farmyard, Mr Glass shot dead a 21 year old IRA man, Joseph MacManus, with his personal issue pistol and forced at least three other gunmen to flee. He was injured in both legs after he was hit by seven bullets.
Hughes and O'Neill were arrested shortly afterwards by gardai who found them lying face down in a ditch close to the Border. Two Kalashnikov rifles and a revolver were found nearby a short time later.
Opening the appeal, Mr Michael McDowell SC, for O'Neill, said there was no evidence produced during his client's trial to show there was an intention to murder Mr Glass. Only five of the 15 shots fired at the yellow van driven by Mr Glass struck the driver's door, he added.
Mr McDowell said the accused had intended to hijack the van, had been taken by surprise, and were in disarray when Mr Glass produced a pistol. Also, they had fired their rifles from the hip. They had intended to immobilise Mr Glass, to pin him down. If they had intended killing Mr Glass they would have fired from the shoulder.
Mr McDowell added that, according to the evidence, Mr Glass had admitted at one stage to being a "sitting duck" when he reloaded his pistol in full view of one of the gunmen at the gable end of the farmhouse.
Mr Patrick MacEntee SC, for Hughes, said the court had found Mr Glass to be an unreliable witness from the time Joseph MacManus approached the window of the van. His evidence from that point should have been ignored but the ghost of Mr Glass was seen to be alive and well in the court's verdict.
Mr MacEntee said the terrorists could have shot Mr Glass dead if they wanted to. "At the flick of a trigger they could have transferred their rifles into automatic weapons and Mr Glass could have been cut in two."
Mr Kevin Haugh SC, for the Director of Public Prosecutions, said there was ample evidence to support the findings of primary fact made by the Special Criminal Court and to support the inferences drawn by the court from those primary facts. The court was also correct in law as to the verdicts.
Mr Haugh said all the terrorists involved in the incident had their balaclavas pulled down over their faces when they first came into sight of Mr Glass. This was indicative of a more serious and dangerous intent than a plan to gain possession of the Fermanagh District Council vehicle.