Troubles: Gary Haggarty 'a flawed witness', Belfast murder trial hears

Two Catholic men, Eamon Fox and Gary Convie, were shot dead in a car in Belfast's North Queen Street in May 1994

A senior loyalist turned supergrass who is the main witness in a double murder trial has been described as a "flawed witness" in a court document.

The character of Gary Haggarty, an ex-Ulster Volunteer Force (UVF) commander, has been assessed in the PPS document.

Haggarty is the main prosecution witness in a case against James Stewart Smyth of Forthriver Link, Belfast.

Smyth denies murdering Eamon Fox, 41, and Gary Convie, 24, who were shot dead at a Belfast building site in May 1994.

The Public Prosecution Service (PPS) document from June 2023 is an agreed set of facts between the Crown and defence.

In it, it outlines "significant and serious issues" with Haggarty which "undermine" his credibility and reliability as a witness.

It assessed Haggarty's character and stated that he was considered to be a "flawed witness with a grave level of bad character".

It added that Haggarty may well be "motivated by getting revenge on UVF associates" and handlers in the Royal Ulster Constabulary's (RUC) counter-terrorism unit known as Special Branch.

It said corroborating evidence is required to rely on his account.

The prosecution has said that the corroborating evidence is the DNA profiling. 

Earlier this week, Belfast Crown Court heard Haggarty joined the UVF in January 1991 and was recruited by Special Branch in 1993.

He is the most senior loyalist paramilitary to become a supergrass.

Police interviews

In court on Thursday, the court also heard transcripts of police interviews from 2014 when the accused, Mr Smyth, was interviewed 12 times.

The defendant was quoted as saying after caution: "I know nothing about the murders, I'm not guilty.

"I have nothing more to say on the matter."

The court heard that Mr Smyth,57, gave no response to all the questions put to him during those interviews.

During the interviews he was presented with a wax jacket and shown a pair of gloves. 

He was asked: "Would your DNA be on any of these items?"

He was also asked was he familiar with the items, had he ever worn that jacket or owned a blue waxed jacket.

When asked how did his DNA profile get to be on the inside collar of the waxed jacket, he again gave no response to police. 

The court was also told Mr Smyth was a former soldier who served with the Ulster Defence Regiment, between 1985 and 1991. 

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

Mr Smyth has denied five charges arising from the fatal shooting of the two Catholic men in Belfast's North Queen Street.

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.