R v Brendan McConville and John Paul Wootton
| Jurisdiction | Northern Ireland |
| Judge | Morgan LCJ |
| Judgment Date | 2014 |
| Neutral Citation | [2014] NICA 41 |
| Date | 29 May 2014 |
| Court | Court of Appeal (Northern Ireland) |
1
Neutral Citation No: [2014] NICA 41
Ref:
MOR9300
Judgment: approved by the Court for handing down
Delivered:
29/05/2014
(subject to editorial corrections)*
IN HER MAJESTY’S COURT OF APPEAL IN NORTHERN IRELAND
________
THE QUEEN
-v-
BRENDAN McCONVILLE AND JOHN PAUL WOOTTON
________
Before: Morgan LCJ, Higgins LJ and Coghlin LJ
________
MORGAN LCJ
[1] The appellants were convicted on 30 March 2012 after a trial by Girvan LJ,
sitting without a jury, of the murder of Constable Stephen Carroll on 9 March 2009.
They were also convicted of possession of a firearm with intent to endanger life,
namely an AK47 assault rifle together with a quantity of 7.62 x 39 mm cartridges
with intent to endanger life or enable another to do so. The appellant Wootton was
further convicted of attempting to collect information likely to be of use to
terrorists.
The prosecution case
[2] At 8:41pm on 9 March 2009, police received a 999 call reporting that a brick
had been thrown through the window of a house at 33 Lismore Manor, Lurgan.
After a short period two police cars attended, one of which was being driven by
Constable Carroll. Shortly after arriving, and before Constable Carroll had alighted
from his vehicle, two shots were heard. One of these shots struck Constable Carroll.
He was taken to hospital but pronounced dead at 10:28pm.
[3] A forensic search of Constable Carroll’s vehicle uncovered a copper bullet
jacket in the rear driver footwell, a piece of copper under the front passenger seat, a
metal fragment in the driver’s headrest, and a fragmented bullet head on the carpet
of the driver’s seat. Two spent brass cartridge cases bearing the head stamp
“NNY1982” were found on a grass bank to the rear of Lismore Manor.
2
[4] On 14 March 2009, the home of Teresa Magee at 607 Pinebank, Craigavon,
was searched by police. An AK47 rifle and a magazine of bullets, both of which
were wrapped in black bin bags and hidden under the oil tank, latex gloves and a
piece of cardboard with a mobile phone number on it were found. Subsequent
forensic analysis and test firing of the gun showed it was the gun which fired the
copper bullet jacket found in Constable Carroll’s vehicle. It was also the gun which
had ejected the two spent brass cartridge cases found on the grass bank and the
bullets in the magazine also bore the head stamp “NNY1982”.
[5] Forensic evidence also strongly supported the proposition that the black bin
bags in which the rifle and the magazine were wrapped, came from the same roll of
bin bags as bin bags found at 309 Drumbeg, Craigavon. This address is 237 metres
from the point where the gunman fired the shots.
[6] John Paul Wootton was arrested by police on 10 March 2009 and his Citroen
Saxo car seized. Forensic examination of the interior of the car showed large
quantities of gunshot residue but it was not from the type of bullet fired from the
AK47. In the boot of the car the police found a brown male Easy brand jacket. Upon
forensic testing, DNA samples were taken from the inside back of the collar and
right cuff of this jacket. The sample taken from the collar revealed a full profile of
medium strength which matched DNA samples taken from Brendan McConville.
The sample taken from the cuff was a mixed profile, the major part of which was a
full profile of medium strength which matched that of Brendan McConville. The
mixed profile indicated a contribution from two other sources which were not
identified. Five further DNA samples taken from the coat gave weak results
unsuitable for establishing sufficient DNA characteristics. The forensic scientist
opined that if Brendan McConville was not the owner or regular wearer of the coat
the true wearer had only deposited low levels of DNA, if any, on it and that the
findings were more likely to be obtained if Brendan McConville was the regular
wearer of the jacket.
[7] There was considerable debate about the forensic analysis of particles found
on the brown jacket. The spent cartridges found on the grass were analysed and
found to have used a Type 7 mercury-based primer. It was common case that the
gunshot residue (“GSR”) from such ammunition contained combinations of
antimony, tin and mercury. Where the residue contained the full complement of
these key elements the residue was characteristic of Type 7 GSR. Where the
particles contained some but not all of the key elements, such particles were
described as indicative. The term indicative indicated that the residue was
consistent with Type 7 GSR. Although the expert for the defence criticised the
nomenclature the learned trial judge concluded that it was appropriate.
3
[8] Forensic analysis of the brown jacket found in the boot of the Citroen Saxo
revealed high levels of antimony/tin particles in a 1:1 ratio which the prosecution
forensic scientist, Ms Shaw, said were indicative of Type 7 residue. She said that she
knew of no other source for such particles other than mercuric ammunition. The
morphology indicated that the particles were fusions of elements brought about at
very high temperature. The forensic scientist concluded that if the particles had
originated from a firearm the amount suggested the gun may have been fired
whilst wrapped in the coat. The defence pointed out that the absence of any burn
marks on the jacket made this unlikely. The particles were consistent with the
gunshot residue produced by the last ammunition fired by the AK47 but not
exclusive to it. The defence expert disputed the methodology used by the
prosecution experts and we will return to this when dealing with the defence case.
The prosecution also relied upon the detection of PETN on the coat. That is a
substance to be found in Semtex explosive.
[9] Brendan McConville was arrested on 20 October 2009. During the search of
his home at 5 Glenholmes Avenue police seized a black male Easy brand jacket. The
jacket was of the same make and size as the coat in the car. Forensic examination of
this coat located 57 antimony/tin particles and 2 lead/antimony particles on the
inner pockets, inside lining and the outer surface. Mr McMillen, a forensic scientist
retained by the prosecution, concluded that the high number of particles strongly
supported a contact between the coat and the source of the particles. The particles
were of a type produced, but not exclusively, by the cartridges found on the grass
bank behind Lismore Manor.
[10] Some eleven months after the arrest and remand in custody of the first
appellant Witness M contacted the police. There had been a public police request
for information and assistance shortly before this. He said that he had taken his
child out for a walk at approximately 7pm on 9 March 2009. In the vicinity of
Lismore Manor, near the grass bank on which the cartridges were found, he saw
three men standing at a small electricity box. One of the men, who was wearing a
green army jacket, looked at Witness M and addressed him by name. Witness M
identified this man as Brendan McConville whom he said he knew from when he
was very young and whose nickname was Yande. Witness M proceeded on his
walk and stayed at his destination, his close relation’s house, with his partner and
children for a period which he said was 1¾ hours although he had given an account
that his visit was as short as 40 minutes. On his return walk home he again
recognised Brendan McConville standing at the electricity post. He also observed
another man standing at the top of the hill near a burnt out lamp post. Sometime
after the murder which the witness variously described as several weeks or
To continue reading
Request your trial
6 cases
-
R v Wootton & McConville
...due to his age, to detention at Her Majesty’s pleasure with a minimum term of 14 years. In a judgment handed down on 29 May 2014 ([2014] NICA 41) this court dismissed each of the offender’s appeals against conviction. The Director of Public Prosecutions now seeks leave to refer the sentence......
-
R v James William Taggart
...NICA 37). took account of the decisions in non-sexual cases involving young offenders in Northern Ireland R v McConville and Wootton [2014] NICA 41 and in England against the backcloth of the UK’s obligations under relevant international conventions involving young persons. The grounds of......
-
R v Taggart (James William)
...NICA 37). • took account of the decisions in non-sexual cases involving young offenders in Northern Ireland R v McConville and Wootton [2014] NICA 41 and in England against the backcloth of the UK’s obligations under relevant international conventions involving young persons. The grounds of......
-
King v Peter Granaghan
...a whole rather than piecemeal. This was highlighted in R v Hillier [2007] 233 ALR 63 and cited with approval in R v Wotton and McConville [2014] NICA 41. Hillier at para 48 observes that: “Often enough, in a circumstantial case, there will be evidence of matters which, looked at in isolatio......
Request a trial to view additional results
1 books & journal articles
-
The Future of Joint-up Thinking
...unclear: Stamp vBermuda [2014] EWHC 3421, an extradition case,discusses when a new joint enterprise is formed by threats; RvMcConville [2014] NICA 41 referred to the means of assessingcircumstantial evidence. There were more cases of robbery than of murder, and the majority of appeals were ......