The King v James Stewart Smyth
| Jurisdiction | Northern Ireland |
| Judge | O'Hara J |
| Judgment Date | 30 October 2023 |
| Neutral Citation | [2023] NICC 30 |
| Court | Crown Court (Northern Ireland) |
1
Neutral Citation No: [2023] NICC 30
Judgment: approved by the court for handing down
(subject to editorial corrections)*
Ref: OHA12309
ICOS No: 21/003256
Delivered: 23/10/2023
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 Borelli KC with Mr P Bacon (instructed by Reavey Solicitors) for the Defendant
___________
RULING ON APPLICATION TO SCREEN A PROSECUTION WITNESS
___________
O’HARA J
Introduction
[1] The defendant faces charges as a result of his alleged involvement with the
UVF in North Belfast in 1994. The charges are two counts of murder of Catholic
workmen on 17 May 1994, one count of attempted murder on the same date,
possession of a firearm and ammunition with intent to endanger life and
membership of the Ulster Volunteer Force.
[2] I have already heard evidence from a number of witnesses in the trial,
including eyewitnesses, together with forensic evidence which, on the prosecution
case, ties the defendant to the crimes. The next stage in the hearing is that the
prosecution will call as a witness, one Gary Haggarty. Haggarty pleaded guilty in
2017 to more than 200 terrorism counts. They included the two murders for which
this defendant is on trial, three more murders, one count of aiding and abetting
murder and five counts of attempted murder. He admitted this catalogue of
offending in the context of being a member of the Ulster Volunteer Force. His
evidence in this trial is to be that he himself was directly involved in May 1994 in the
murders of Mr Convie and Mr Fox together with the attempted murder of Witness
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