Troubles: Murder trial told RUC had chance to arrest alleged killer

Eamonn Fox and Gary Convie were shot dead in a car in Belfast's North Queen Street in May 1994

A double murder trial has been told police had the opportunity to arrest an alleged killer two weeks before two men were shot dead in Belfast 29 years ago.

Eamon Fox and Gary Convie were shot dead as they had lunch in a car in North Queen Street in May 1994.

James Stewart Smyth, from Forthriver Link, Belfast, denies murdering them.

Gary Haggarty, an ex-Ulster Volunteer Force commander, claimed he had told police where Mr Smyth was hiding a fortnight before the victims were shot.

Haggarty is the the main prosecution witness in the case against James Smyth.

On his last day of questioning in the trial at Belfast Crown Court, Haggarty was asked was his past convictions and his relationship with the Royal Ulster Constabulary's counter-terrorism unit known as Special Branch.

'Real grievance'

Haggarty told the court that Special Branch had asked him where James Smyth was weeks before the killings of Catholic workmen Mr Fox and Mr Convie.

Haggarty said he told his RUC handlers that Mr Smyth was being sheltered by Tiger's Bay UVF members in a house in Rathcoole, Newtownabbey.

Haggarty added he assumed Mr Smyth would be arrested, but that did not happen at that time.

The supergrass told the court he was certain the accused was responsible for the double murder.

The morning's hearing began as it has done over the last two days with groups of men covering their faces as they made their way into court.  

But this time police intervened at the gates of the court, telling the men to remove their face coverings before entering the building. 

Haggarty was asked by defence barrister Michael Borrelli KC: "Was the reason you gave Special Branch James Smyth's name because you knew he was someone Special Branch was interested in?"  

The supergrass replied: "No I gave his name because he was responsible for the shootings on North Queen Street."

Mr Borrelli KC asked: "You've a real grievance about Special Branch?"

Haggarty replied: "Special Branch doesn't come into my thoughts. I don't care about them". 

Gary Haggarty has been in witness protection in England since being released from prison in 2018

The defence spoke about the murder of John Harbinson, a Protestant man, who was handcuffed and beaten to death by a UVF gang on the Mount Vernon estate in north Belfast in May 1997.  

Haggarty later admitted to the murder of Mr Harbinson and spent time in jail for the murder along with four other murders. 

'Kneebag alley'

He told the court: "I was not arrested in 1997 for that murder. I wasn't arrested until 2009. The entire time Special Branch knew I was involved, and I wasn't arrested".   

Haggarty claimed that he kidnapped Mr Harbinson and was trying to "source a gun to give him flesh wounds" but Mr Harbinson was beaten to death in an alleyway in Mount Vernon by two other UVF members. 

Haggarty said: "I didn't play a role in the beating.  I didn't know he was dead. He was in what was known locally as 'kneebag alley' because of all the punishment beatings that took place there.  It was a notorious area for punishment beatings."  

Haggarty added: "I turned Mr Harbinson onto his face in the recovery position. I maintain he was alive when I turned him over."

Mr Borrelli KC questioned how Haggarty had blood on him. 

Haggarty replied: "As I turned him, he coughed. He may have been dying. I can't say for certain."

He added: "I told my handlers everything. They told me to get offside". 

'Another informer'

Haggarty went on the run after the murder of Mr Harbinson.  He told the court: "My handlers told me to put a bit of space between me and the scene."

Mr Borrelli KC asked: "Mr Harbinson was never meant to die?"  Haggarty replied "Correct. He was meant to be shot in the legs."

Haggarty was questioned about other informers in the UVF.   Michael Borrelli KC asked: "You agreed at the time of Mr Convie and Mr Fox murders that you had suspicions of (Mark) Haddock?".  

Haggarty said: "I was suspicious that as well as myself there was another informer. I wasn't sure if it was Haddock. I thought it could be someone close to him.   

"I distanced myself from Haddock at the time of the Harbinson murder."

Mr Smyth, 57, denied five charges arising from the fatal shooting.

As well as denying the murders of Mr Convie and Mr Fox, he has denied attempting to murder a third workman who was in the targeted vehicle.

He has also entered 'not guilty' pleas to possessing a Sten sub machine gun and a quantity of ammunition with intent, and of being a member of the UVF.