Derry man’s murder conviction case adjourned at Court of Appeal

The referral of Derry man John McDevitt’s murder conviction to the Court of Appeal “may have implications for a significant number of other cases from the Troubles” according to his solicitor.

Mr McDevitt’s case came before the Court of Appeal on Tuesday, December 16, and was adjourned until February 3, 2025. It was referred there on October 30 by the Criminal Cases Review Commission (CCRC). 

Speaking to The Derry News, Patricia Coyle, of Harte Coyle Collins, Solicitors and Advocates, said the adjournment was to enable the court to “see the product of disclosure requests to the CCRC”.

The referral by the CCRC follows a second application by Mr McDevitt lodged with the CCRC in 2019. A previous application had been lodged in 2002. 

John McDevitt was convicted of the murder of Private Neil Clark, a member of the British army, at Belfast Crown Court in 1986. 

Private Clark was killed on Easter Monday, April 23, 1984 by a single gunshot wound to the head, after exiting a land-rover which had been set on fire with a petrol bomb in Derry’s Bishop Street - during an incident in which 20 to 30 shots were fired. Two other soldiers sustained gunshot wounds. 

Eight people were prosecuted for the offences of which only Mr McDevitt contested the case. 

Mr McDevitt was arrested at 7am on May 2, 1984, some two weeks after the shooting incident. He was detained in Castlereagh Police Holding Centre for five  days and subjected to a rigorous schedule of 23 interviews. 

He was arrested with the seven other people who were also prosecuted for various offences, including murder, arson, making and possession of petrol bombs, wounding with intent and possession of firearms with intent. 

Mr McDevitt was the only defendant in the trial to maintain not guilty pleas in respect of all charges against him. 

The sole basis for the prosecution against Mr McDevitt was four  alleged confession statements he had signed while in Castlereagh Police Holding Centre. 

Mr McDevitt alleged at the time of his trial, and continues to allege, that the false confessions were coerced as a result of the oppressive and coercive interview techniques and threats, inducement, and ill treatment he suffered while in police custody. 

Mr McDevitt gave evidence in his own defence before a Diplock judge sitting without a jury at the trial in 1986. He was convicted on all counts. 

He lodged an appeal against conviction to the Court of Criminal Appeal in 1987 on all counts. The appeal was dismissed. 

He applied to the CCRC in 2002. That application resulted in the CCRC unearthing evidence to support his account that a sub-machine gun was produced at interview while in Castlereagh, thereby confirming his account at trial of one of the police interviews. 

That account had been dismissed by the trial judge. 

In the first application to the CCRC in 2002 the Commission found evidence to support Mr McDevitt’s allegation that a gun had been produced to him by police during an interview. 

A gun related to another incident but matching the description given by Mr McDevitt was found to be in Castlereagh Police Holding Centre around the time he was questioned. Despite this new evidence the case was not referred to the Court of Appeal at that time. 

The CCRC was advised by police in 2004 that the police interviews were not recorded and that only police interview notes existed regarding what had occurred during the interviews in the Holding Centre.

A further application was made to the CCRC by Mr McDevitt’s solicitor in 2019 relying on three new issues including questions about the credibility of some of the interviewing police officers, covert surveillance of police interviews in Castlereagh and queries as to whether the gun used in the incident was subject to GPS tracking by the security services. 

Patricia Coyle said at the time of the second application to the CCRC: “We have submitted a fresh application to the CCRC on behalf of our client challenging the safety of the convictions dating from 1986, including in particular the murder conviction of Private Neil Clarke. 

“This fresh application is based on new information which has only entered the public domain in the past four years regarding covert recording of police interviews by the Security Service/MI5 in Police Holding Centres. 

“As a result of that new information, we are also now asking that the Commission consider ESDA testing the original police interview notes and alleged confession statements to check their authenticity. 

“Thirdly we are also asking that the Commission review the character of the police interviewing witnesses on the basis that some may have been discredited in other miscarriage of justice cases which have come to light in the past 10 years in which convictions were quashed as a result of oppressive police interview techniques. We will continue to support our client in his campaign to establish his innocence.” 

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

'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' - Patricia Coyle, solicitor

Cemeteries in Derry will remain closed today

The Derry City and Strabane District Council announced the news, with the only exception being funerals

On October 30, 2024, the CCRC referred the case back to the Northern Ireland Court of Criminal Appeal on the basis that the credibility of some of the interviewing police officers in Mr McDevitt’s case is an issue. 

Those credibility issues have arisen as a result of police officers common to this case being impugned in other cases already adjudicated on by the Court of Appeal. 

On the decision to refer the case back to the NI Court of Criminal Appeal, Patricia Coyle solicitor said on Monday: “My client and his family welcome the referral by the Commission to the NI Court of Criminal Appeal. 

“Our firm made a previous application to the Commission on his behalf in from 2002 to 2006 which resulted in the discovery of new evidence but no referral. 

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