Man convicted of killing Drumaness woman and friend abandons appeal

Man convicted of killing Drumaness woman and friend abandons appeal

20 June 2018

A MAN jailed for murdering a Drumaness woman and her friend has abandoned his appeal against conviction.

Ciaran Nugent appeared at the Court of Appeal last Wednesday to testify about the circumstances in which he previously pleaded guilty to killing Caron Smyth and Finbar McGrillen in December 2013.

Nugent, who acted as an accomplice, is currently serving a life sentence for his role in the murders at Mr McGrillen’s apartment at Ravenhill Court in East Belfast, with the recommendation that he must serve at least 14 years.

His co-accused, Shaun Patrick Joseph Hegarty, formerly of Grainne House in the New Lodge area of Belfast, inflicted the fatal injuries. He also received a life sentence and will serve a minimum of 18 years.

Nugent (37), with a previous address at the Simon Community on the city’s Falls Road, was mounting an appeal based on revisions to the law on joint enterprise.

His legal team contended that his guilty plea did not include any intention to inflict serious harm on the victims — now a requirement under the new interpretations.

At Wednesday’s hearing Nugent claimed he took no part in the fatal attacks, only cleaning up after Shaun Hegarty had already killed them.

He said he repeatedly lied to police in a bid to ensure no repercussions from implicating Hegarty.

“I understand the enormity of this, how bad it looks, and I can say how sorry I am for my part in cleaning the scene,” he told the appeal court.

“But... the psychopath looked at me and he possibly could have killed me.”

Under cross-examination by Ciaran Murphy QC, for the prosecution, he denied witnessing or taking part in the initial assault on Ms Smyth and Mr McGrillen.

“They were lying motionless on the ground when I came up the stairs,” he said.

He added that he was “eternally ashamed” of having stayed at the scene in the aftermath.

Nugent claimed he only pleaded guilty because he felt he had no other 

option and feared being labelled a “tout”, putting both him and his family’s lives at risk.

“He [Hegarty] would have taken his revenge on me,” he claimed.

But in an unexpected development at Wedesday’s hearing, a document from previous legal representatives was provided to the court while Nugent was giving evidence.

Following a break to consult with his client, Mr Tim Moloney QC informed the judges: “We have advised the applicant and we now want to withdraw the application before the court.”

Formally dismissing the case, Lord Justice Stephens said it would have been difficult for someone who had repeatedly lied to either establish a substantial injustice or succeed.