Queen v Fulton and others
| Jurisdiction | Northern Ireland |
| Judge | Morgan J |
| Judgment Date | 2006 |
| Neutral Citation | [2006] NICC 14 |
| Year | 2006 |
| Court | Crown Court (Northern Ireland) |
| Date | 23 June 2006 |
1
Neutral Citation no. [2006] NICC 35 Ref:
HARC5616
Judgment: approved by the Court for handing down Delivered:
7/12/2006
(subject to editorial corrections)
IN THE CROWN COURT IN NORTHERN IRELAND
BELFAST CROWN COURT
________
THE QUEEN
v
WILLIAM JAMES FULTON AND MURIEL GIBSON (No. 10)
BILL NO 150/03
________
INDEX
Page Paragraphs Subject Matter
Introduction
8-9 1-4 Charges and representation.
9-10 5-6 The reason for surveillance.
10-11 7-12 Type of surveillance and statutory and non-
statutory procedures.
12 13-14 The evidential tapes and transcripts.
12-13 15 The relevance of excluded transcripts.
13-14 16 The contents of the evidential transcripts.
14-16 17-20 The undercover operation.
16 21 Submissions.
16 22 Burden of proof.
17 23 Neither defendant gave evidence.
The case against Fulton
17 24-25 Acceptance by Fulton that it was him
speaking during the recorded
conversations, and the prosecution case.
17-20 26 Fulton's defence that he was bragging and
recounting material he had learnt from
2
various sources, and that his purported
admissions were untrue.
20-29 27-38 Fulton's defence as set out in his defence
statement of 22/9/2003, and in interview.
29-33 39-46 Fulton's admissions in the presence of
Gibson and others.
33-40 47-55 Fulton explaining involvement by himself
and others in offences.
40-44 56-63 Fulton saying "anything I say, is third hand,
is hearsay".
44-49 64-74 Whether Fulton drank when driving.
49-51 75-77 Fulton's drinking and taking drugs on other
occasions.
51 78 Absence of forensic evidence.
51-53 79-80 Absence of corroborative material.
53-54 81-83 The relevance of the prison letter.
54-58 84-90 The relevance of inconsistencies in Fulton's
descriptions of events.
59-62 91-103 Fantasy and exaggeration.
62-66 104-107 Dependency, social and financial.
66-67 108 Fulton's refusal to answer questions during
interview.
67 109-110 Fulton's failure to give evidence.
67-68 111 The order in which the charges will be
considered.
The events of 4 and 5 June 2000
68-70 112-115 The link between the three incidents.
Incident 3 – the attack on Mr Murnin's
house
70-71 116-118 The charges and the necessary intent.
71-73 119-123 The background evidence.
73 124 The evidence about Mrs Fulton's car.
73-80 125-134 Fulton's accounts.
80-81 135-138 Analysis of Fulton's accounts.
82-83 139-141 Conclusion.
83-84 142-145 Verdicts on Counts 8-13.
Incident 1 – the murder of Mrs O'Neill
85 146 Introduction.
85-87 147-150 The background evidence.
87-91 151-159 Fulton's accounts.
3
91-93 160-164 Analysis of Fulton's accounts.
93-100 165-179 Submissions and conclusions.
100 180 Verdicts on Counts 1 and 2.
Incident 2 – the attempted murder of
Janelle Woods
100-101 181-186 Introduction and background facts.
101-104 187-193 Fulton's intent.
104-105 194-196 Conclusion and verdicts on Counts 3-7.
Incident 4 – attempted murder of RUC
Officers at Drumcree – 9/7/1998
105107 197-202 Introduction and background facts.
107-110 203-205 Fulton's admissions.
110-114 206-210 Fulton's defence.
114 211 Verdicts on Counts 14-23.
Incident 5 – attempted robbery of Conor
McAleavy – 25/10/1996
114-117 212-219 Introduction and background facts.
117-123 220-229 Fulton's admissions.
123-124 230-233 Conclusions.
124-125 234 Verdicts on Counts 24 and 25.
Incident 6 – conspiracy to murder Derek
Wray and attempted murder of William
Fletcher 6/1/1997
125-126 235-238 Introduction and background facts.
126-133 239-245 Fulton's admissions.
133-134 246-249 Conclusions and verdict on Count 29.
135-136 250-254 Conclusion and verdicts on Counts 27 and
28.
Incident 7 - punishment shootings of
Buchanan, Birney and Doran at Edenderry
PS on 3/1/1997
136-137 255-257 Introduction and background facts.
137-142 258-268 Fulton's admissions.
142-144 269-272 Defence submissions.
144 273 Verdicts on Counts 30 to 33.
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