The King v James Stewart Smyth
| Jurisdiction | Northern Ireland |
| Judge | O'Hara J |
| Judgment Date | 30 October 2023 |
| Neutral Citation | [2023] NICC 29 |
| Court | Crown Court (Northern Ireland) |
1
Neutral Citation No: [2023] NICC 29
Judgment: approved by the court for handing down
(subject to editorial corrections)*
Ref: OHA12308
ICOS No: 21/003256
Delivered: 30/10/2023
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 ADMIT BAD CHARACTER EVIDENCE
___________
O’HARA J
Introduction
[1] This ruling deals with an application by the prosecution to have evidence
admitted of the defendant’s bad character. The application is made under Article 6
of the Criminal Justice (Evidence) (NI) Order 2004 (“the 2004 Order”) and is resisted
by the defendant.
[2] The defendant faces five counts, all relating to events on 17 May 1994:
(i) The murder of Gary Convie.
(ii) The murder of Eamon Fox.
(iii) The attempted murder of Witness A.
(iv) Possession of a firearm and ammunition with intent to endanger life, namely
a Sten submachine gun and a quantity of ammunition suitable for use
therewith.
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