THE trial at Belfast Crown Court of two south Armagh men, Mr Declan McComish and Mr Kevin Donegan, who are accused of murdering a Newry postal worker, Mr Frank Kerr, in November, 1994, failed to get under way again yesterday as defence lawyers said that they would apply to have the case stopped.
However, the lawyers told Mr Justice Kerr that they could not make an application until they had obtained details of discussions between the men's original counsel, prosecuting counsel and the Lord Chief Justice during the last February's aborted trial. They said that the original counsel were willing to reveal what had been discussed, but only after being ordered or given an indication by the court to do so.
Describing the application as "most unusual", the judge adjourned to give those lawyers involved time to make submissions to him if they wished.