Man jailed for murder to testify in court appeal

Man jailed for murder to testify in court appeal

25 April 2018

A MAN jailed for murdering a Drumaness woman and her friend is set to give evidence as part of a bid to overturn his convictions.

In an unusual move, Ciaran Nugent will testify at the Court of Appeal about the circumstances in which he previously pleaded guilty to killing Caron Smyth and Finbar McGrillen in December 2013.

Details at the High Court emerged last week as senior judges listed his challenge for a three-day hearing in June.

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, who inflicted the fatal injuries, also received a life sentence, but will serve a minimum of 18 years.

Nugent (36) is mounting an appeal based on revisions to the law on joint enterprise.

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

Having foresight of a deadly attack launched by an accomplice is no longer enough to be jointly convicted of the murders, they claim.

Ms Smyth (40) and Mr McGrillen (42) were beaten to death and sustained multiple injuries. Ms Smyth had been visiting Mr. McGrillen who lived in the flat.

In 2015 Hegarty, 37, formerly of Grainne House in the New Lodge area of Belfast, admitted the murders. He had been in a relationship with Ms Smyth which ended days before the killings.

Nugent, with a previous address at the Simon Community on the city’s Falls Road, also pleaded guilty to the murders on the grounds of joint enterprise — namely that he anticipated a serious assault and assisted in efforts to clean the scene, but that he did not inflict any injuries.

Hegarty and Nugent were said to have made an early morning trek across parts of Belfast to reach the apartment.

Police were called to the flat following reports of a break-in and found the two victims’ bodies lying on a duvet in the living room.

Nugent’s lawyers contend that the circumstances in which he pleaded guilty have since changed due to a 2016 Supreme Court ruling which reversed previous case law on joint enterprise.

According to their case foresight of serious harm being caused no longer equates to having an intent to inflict it.

Nugent has also agreed to give evidence about consultations with his previous legal representatives.

Those discussions are expected to be explored in greater detail at the main hearing of the appeal.