Concerns over police credibility cause Derry man's conviction to be referred to Court of Appeal

Due to concerns regarding police credibility, a Derry man has had his conviction referred to the Court of Appeal by the Criminal Cases Review Commission (CCRC). 

The man concerned, John McDevitt, was convicted of murder and sentenced to life imprisonment in 1986, following an attack on members of the British army in Derry.  

On Easter Monday 1984, two British army Land Rovers were attacked with petrol bombs. One car escaped, but the second was engulfed in flames and lost control, crashing into the garden of a house. 

Soldiers who escaped from the second vehicle were met with gunfire. 

Private Neil Clark was killed and two other soldiers were wounded. 

Mr McDevitt was arrested along with seven others and charged with 11 offences, which included murder, conspiracy to cause grievous bodily harm and offences relating to the creation and use of petrol bombs.  

Mr McDevitt was interviewed 23 times over the course of five days, with no solicitor present. During the first 16 interviews he denied any involvement in the murder of Private Clark, but, allegedly, during one of the later interviews he admitted driving gunmen to the scene of the crime.  

Mr McDevitt firmly disputed this at his trial.  

In 2019, he applied to the CCRC in 2019, submitting claims against the police officers who interviewed him.

The officers in question were criticised in the Northern Ireland Court of Appeal’s decision in R v Latimer, Hegan, Bell and Allen [1992] 1 NIJB 89. 

Having considered the Court’s findings in the Latimer case, the CCRC considers that the credibility of the officers as witnesses of truth in criminal proceedings is substantially weakened. 

This referral follows a court decision in another case referred by the CCRC, which this year resulted in the Court of Appeal quashing a conviction. This was also based on the Latimer case. 

After extensive analysis, the CCRC has determined there is a real possibility the Northern Ireland Court of Appeal will conclude Mr McDevitt’s conviction is unsafe.  

Mr McDevitt had previously applied to the CCRC in February 2002. This did not result in a referral. 

Mr McDevitt was represented in his application to the CCRC by Patricia Coyle, solicitor, of Harte, Coyle, Collins Solicitors, Belfast. 

Ms Coyle, speaking after today's referral,  said Mr Mc Devitt and his family welcomed today's referrral by the Commission to the NI Court of Criminal Appeal.

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She added: "We made a previous application to the CCRC on his behalf which resulted in the discovery of fresh evidence but no referral.

"We lodged a second application for our client in 2019. My client looks forward to the opportunity to challenge the conviction before the Court of Appeal.