Soil sample evidence not admitted in Massereene case

Evidence from soil samples which allegedly links the man accused to the murder of two soldiers will not be admitted to court, a judge ruled this afternoon.

Mr Justice Anthony Hart said it would be prejudicial to the defence if reports from Dr Patricia Wiltshire were admitted without her being present.

She is unable to attend for cross-examination because of ill-health but there is expert evidence which contradicts her findings.

Brian Shivers and Colin Duffy deny the murder of Sappers Mark Quinsey and Patrick Azimkar, who were shot outside their army base in Antrim.

Judge Hart told Belfast Crown Court sitting at Antrim: "I am satisfied that to admit Dr Wiltshire's reports without her being present to give evidence would result in a situation where the defence would be irredeemably and significantly disadvantaged by not being able to press her on all those matters that are clearly at issue."

The method analyses soil samples found at the scene and tries to link them to the accused. It included material taken from vehicle wheel arches, which may have accumulated over many years.

Dr Wiltshire examined soil samples and fungal spores from Duffy's boots, a holdall and other items recovered by investigators.

Material was also taken from the accelerator, brake and clutch of the car believed to have been used as a getaway, a Vauxhall Cavalier, as well as its footwells and wheel arches. She also examined matted organic material from the mat of the Cavalier and vegetation was taken from inside the holdall.

The defence has several expert witnesses who contradict Dr Wiltshire's reports.

Sappers Quinsey, 23, and Azimkar, 21, were shot dead by the Real IRA as they collected pizzas with comrades outside Massereene Army base in Antrim town in March 2009.

Duffy (aged 44) from Forest Glade in Lurgan, Co Armagh, and Shivers (aged 46) from Sperrin Mews, in Magherafelt, Co Derry, deny two charges of murder and the attempted murder of six others - three soldiers, two pizza delivery drivers and a security guard.

The court later heard details from the police interviews of Duffy and Shivers.

They denied any involvement in the shooting or membership of any organisation.

Shivers was asked about matches found in the getaway car which were used to try to burn it and the alleged discovery of his DNA.

"I cannot understand how it has my DNA. If it is proven to be my DNA, it is there for innocent purposes," he told police.

He added that he was concentrating on looking after his health.

"I would like to say that I have nothing to do with the murders of the two soldiers or any of the other offences," he said.

"I am not and have never been a member of the Real IRA. I am engaged to get married to my fiancee, Lisa Leacock, and we plan to have children."

He was also asked about Dominic McGlinchey and made no comment.

He said he had been with his girlfriend on the night of the attack, in his home and collecting a Chinese meal.