Castlewellan Three murder convictions to be re-opened by Criminal Case Review Commission

Castlewellan Three murder convictions to be re-opened by Criminal Case Review Commission

14 December 2022

THE case against three local men jailed for a 1970s murder they have always denied is to be re-opened, it has been confirmed.

George Kirkpatrick and brothers Eric and Cyril Cullen — known as the Castlewellan Three — were jailed for the murder of 17 year-old Catholic Francis Rice in May 1975. He was abducted and stabbed to death and his body dumped in a laneway.

Now the Criminal Case Review Commission (CCRC) has decided there are now grounds to question the safety of the convictions after it was asked to reassess the case in 2018, after a BBC Spotlight investigation cast serious doubt on the men’s guilt.

The killing was claimed by the Protestant Action Force, a cover name for the UVF.

In 1981, Kirkpatrick and the Cullens received life sentences for the killing although none was ever involved with paramilitaries and refused to serve their time on the loyalist prison wings. 

And while the judge in the case offered them reduced sentences if they pleaded guilty, the trio refused.

The Cullens and Kirkpatrick received life sentences.

The only evidence against the trio was their signed confessions which they claimed they were tricked and coerced into making during police interviews.

The judge said he believed in the honesty of the RUC officers involved in the case.

But Spotlight revealed that several officers who interviewed the three 

men were later discovered to have re-written and lied under oath about police interview notes used in another case to convict four other men of murder.

Lawyers for the Castlewellan Three have said this casts “serious concerns” as to the officers’ credibility as witnesses of truth.

They argued that had the judge known of this dishonesty, it could have changed his mind about admitting the alleged confessions into evidence in 1981.

George Kirkpatrick and Cyril Cullen have both died in recent years while Eric Cullen, who is in his mid-60s, is the only surviving member of the Castlewellan Three.

George Kirkpatrick maintained he was framed for the murder.

His solicitor, Conor Moylan of Madden and Finucane, has welcomed the decision by the CCRC to re-open the case.

He said he looked forward to presenting evidence before the Court of Appeal which would show that the convictions are unsafe.

Indefensible

“The behaviour of the RUC officers who extracted the false confessions is indefensible,” he said.

“Sadly, George Kirkpatrick and Cyril Cullen passed away before they were able to see their case brought back to the Court of Appeal to clear their names and reputations.”

Their relatives will attend the court to support the appeals.

Police officers involved in the case have always denied any wrong doing.

DUP politicians have welcomed the CCRC’s decision to reconsider the murder convictions of the Castlewellan Three.

The party leader, Sir Jeffrey Donaldson, said there were “multiple issues of concern” about the convictions which have been raised over a long period of time and “we fully support the reopening of this case”. 

He added: “It is right that these concerns are fully investigated and the safety of these convictions is challenged.  It is long past time that the truth is known in this case.”

South Down MLA Diane Forsythe said it was “shocking” that it has taken this long for the cases of the Castlewellan Three to be reviewed.

She added: “It is a tragedy that two of the three who have sadly passed away, will never see their names and reputations cleared but it is important that justice is served for all three.”

Local DUP councillors Glyn Hanna, Alan Lewis and Henry Reilly also support the families in the re-opening of this case. 

“I supported these men in the past and I strongly support them now,” said Cllr Hanna. “I believe in their innocence and hope this new investigation and hearing delivers a fair result for them and their families.”

Cllr Lewis added: “It is positive to see this case finally moving towards those who have always proclaimed their innocence and and challenged their wrongful convictions.”