The King v James Stewart Smyth
| Jurisdiction | Northern Ireland |
| Judge | O'Hara J |
| Judgment Date | 09 January 2024 |
| Neutral Citation | [2024] NICC 3 |
| Date | 09 January 2024 |
| Court | Crown Court (Northern Ireland) |
1
Neutral Citation No: [2024] NICC 3
Judgment: approved by the court for handing down
(subject to editorial corrections)*
Ref: OHA12385
ICOS No: 21/003256
Delivered: 09/01/2023
IN THE CROWN COURT IN NORTHERN IRELAND
SITTING AT LAGANSIDE
___________
THE KING
v
JAMES STEWART SMYTH
___________
Mr C Murphy KC with Mr D Russell and Ms N Pinkerton (instructed by the PPS) for the
Prosecution
Mr M Borrelli KC with Mr P Bacon (instructed by Reavey Solicitors) for the Defendant
___________
RULING ON APPLICATION OF NO CASE TO ANSWER
___________
O’HARA J
Introduction
[1] The defendant faces five charges. They involve events on 17 May 1994 in
North Belfast. He is charged with the murder of Mr Convie and Mr Fox on that date,
with the attempted murder of Witness A, with possession of a sub-machine gun and
ammunition and with being a member of the UVF.
[2] The prosecution has completed the presentation of its evidence, and the
defence has applied for a ruling that the defendant has no case to answer because the
evidence is so weak that it could not properly sustain a conviction. No distinction is
drawn at this stage at least between the different charges. On the defence
application all charges should be dismissed, the prosecution contends that the trial
should continue on all counts.
Legal principles
[3] Other than on points of emphasis there is no difference between the
submissions of the parties on the applicable principles. The defence application is
based on the second limb of the test set out by Lord Lane CJ in R v Galbraith (1981) 2
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