King v Henry Fitzsimmons, Colin Duffy and Alex McCrory

JurisdictionNorthern Ireland
JudgeO'Hara J
Judgment Date31 March 2023
Neutral Citation[2023] NICC 9
CourtCrown Court (Northern Ireland)
1
Neutral Citation No: [2023] NICC 9
Judgment: approved by the court for handing down
(subject to editorial corrections) *
Ref: OHA12123
ICOS No: 14/126080
Delivered: 31/03/2023
IN THE CROWN COURT OF NORTHERN IRELAND
___________
THE KING
v
HENRY FITZSIMMONS,
COLIN DUFFY and ALEX McCRORY
___________
Mr C Murphy KC with Mr S Magee KC and Mr D Russell BL (instructed by the Public
Prosecution Service) for the Crown
Ms E McDermott KC with Mr Jon Paul Shields BL (instructed by Breen Rankin Lenzi
Solicitors) for the defendant Fitzimmons
Mr M Mulholland KC with Mr J O’Keefe BL (instructed by Phoenix Law, Solicitors) for
the defendant Duffy
Mr B MacDonald KC with Mr D Hutton KC (instructed by Phoenix Law, Solicitors) for
the defendant McCrory
___________
RULING ON APPLICATIONS OF NO CASE TO ANSWER
___________
O’HARA J
Introduction
[1] On 30 September 2022, I gave a ruling on the various issues that had been
raised during the voir dire. Following that, on 14 October 2022, the prosecution
closed its case without calling any further evidence. In light of the complexities of
this case the parties required time to present written submissions. After they had
been exchanged and considered I heard oral submissions on 10 January 2023 and
indicated that I would then give this ruling on whether any or all of the three
defendants has a case to answer.
[2] It turned out, however, that further exchanges took place in writing in
relation to the defendants, Fitzsimmons and Duffy. Eventually, on 30 January 2023,
all the exchanges came to a conclusion, making it possible for me to consider them
and now give this ruling.

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