Frank Kerr murder trial: James Seamus Fox trial begins

Frank Kerr was killed during a robbery in Newry in November 1994

The trial of a man accused of the1994 murder of Newry postal worker Frank Kerr is under way at Craigavon Crown Court.

Mr Kerr, 54, died after being shot during a robbery at a sorting office in the city, just months after the IRA ceasefire in 1994.

The IRA later admitted that its members were involved in the killing.

James Seamus Fox, 64, of Carewamean Road in Jonesborough is on trial for the murder.

He is also charged with stealing £131,000, possession of a firearm and membership of a proscribed organisation.

The Diplock no-jury trial, which is expected to last three weeks, began on Monday before Mr Justice Fowler.

Craigavon Crown Court heard that the case had arisen following the 2019 re-examining of items recovered after the fatal robbery which highlighted DNA connections to Mr Fox.

Van at the gates

Giving an outline of the prosecution case, Samuel Magee KC said that on the morning of 10 November 1994 a routine delivery of cash arrived at Newry's postal sorting office on Clanrye Avenue at 9.05am. A total of more than £232,000 was delivered.

Frank Kerr was counting this money in the Registered Letter Enclosure.

At 9:45am, a post office van arrived at the gates. The court heard that a man dressed in post office uniform said "priority services Belfast".

The van was allowed through the first gate.

James Seamus Fox is charged with murder of Frank Kerr

At this point, armed men tied up the security guard and his colleague in the security hut. The gang of at least four men were communicating by walkie talkies and they were all wearing post office-style clothing as well as make up, fake tan and glasses. The court heard at least two had firearms.

Staff were detained at gunpoint.

One of the gang made his way to the room Mr Kerr was working in and the court heard that Mr Kerr tried to force the man out of the room.

A short time later he was shot through the neck. One of his colleagues was knocked unconscious. When he awoke he called for help.

By this stage the gang had escaped. Mr Kerr was transferred to hospital but was pronounced dead.

It is the Crown's case that Mr Fox was one of the gang present.

Blood on jacket, court told

The court heard that at 10:40am on the day of Mr Kerr's shooting a Renault vehicle was seen by police on the Ballintemple Road beside Killeavy Castle in Meigh, seven miles from the murder scene.

Police saw a car parked on the wrong side of the road and they blocked the road.

A man got out of the car and ran towards Killeavy castle. Shots were fired by police but the man escaped.

Two remaining males were apprehended from the vehicle. They were Declan McComish and Kevin Donegan who were later convicted for assisting an offender.

The vehicle was searched and a post office uniform was found in the rear, on the floor.

The prosecution said there were blood stains on the trousers, blood on the jacket and an anorak that had discharge residue.

According to Mr Magee KC, this was "a professionally-planned, high-risk raid by at least four people but with the help of others".

"They had inside information," he continued.

"They were aware of a delivery and they were aware of the identity of some staff. They had at least two weapons.

"It matters not if the person fired the shot but that it can be proved that they were willingly present.

"Whoever wore that uniform was party to the enterprise. There is evidence the defendant wore those clothes."

This, Mr Magee said, related to the subsequent DNA analysis of tape lifts and clothing.

Witnesses called

The first witness was police photographer [Charles McAteer] who recorded both scenes on the day.

Defence barrister John Kearney KC pressed the witness on what he recalled of the day.

When asked if there was a potential that he may have moved items at the postal office, he said, "the only thing I touched was my camera".

The trial continues.