DNA evidence proves Shivers’ guilt
“We will continue to pursue all of those involved in these evil murders,” said PSNI Chief Superintendent Peter Farrar.
The English soldiers from the 38 Engineer Regiment were about to begin a tour of duty in Afghanistan when they were gunned down in an attack by republicans opposed to the Good Friday peace deal of 1998.
Sapper Quinsey, from Birmingham, and Sapper Azimkar, from London, were within hours of leaving the base.
They were collecting pizzas at the front gate when they came under fire. Two other soldiers and two pizza delivery drivers were injured in the gun attack.
Brian Shivers and Colin Duffy were charged with two counts of murder, six of attempted murder and a further count of possessing two machine guns.
DNA on matchsticks found in the partially burnt-out Vauxhall Cavalier getaway car used in the ambush and abandoned eight miles away proved Shivers’ undoing.
Mr Justice Hart said he was satisfied he had tried to set the car alight.
“Taking all of these matters together, I am satisfied that the prosecution has proved beyond reasonable doubt that Shivers set fire to the Cavalier at Ranaghan Road (where the car was abandoned) and I therefore find him guilty on each count,” said the judge.
Yesterday, before a silent courtroom, 46-year-old Derry man Shivers rose to his feet in the dock as Justice Hart passed sentence.
“There is only one penalty that I can impose upon you,” he said.
“And that is one of life imprisonment, which I now do. I now sentence you to life imprisonment.”
Justice Hart said that there would have been no possibility of Shivers being released on bail, pending a check on medical provisions.
Earlier, Colin Duffy, aged 44, from Lurgan, Co Armagh, left the dock a free man after being cleared — even though the judge said DNA evidence found on the tip of a glove linked him to the getaway car.
But he said that did not prove he was part of the murder plot.
“I consider that there is insufficient evidence to satisfy me beyond reasonable doubt that whatever Duffy may have done when he wore the latex glove and handled or touched the seat belt buckle meant that he was preparing the car in some way for this murderous attack, and I therefore find him not guilty on each count.”
The bearded republican showed little emotion as he got to his feet and calmly walked out of the dock.
The two sappers’ families broke down on the other side of the court, with the Azimkar family leaving and not returning for the rest of the judgment.
The trial lasted six weeks. It ended just before Christmas and Mr Justice Hart took four weeks to consider his verdicts.
