{"id":37157,"date":"2019-02-14T15:04:13","date_gmt":"2019-02-14T15:04:13","guid":{"rendered":"https:\/\/hcclawyers.com\/?p=37157"},"modified":"2024-01-30T12:02:47","modified_gmt":"2024-01-30T12:02:47","slug":"john-mcdevitt-submits-application-regarding-murder-conviction-to-criminal-cases-review-commission","status":"publish","type":"post","link":"https:\/\/hcclawyers.com\/john-mcdevitt-submits-application-regarding-murder-conviction-to-criminal-cases-review-commission\/","title":{"rendered":"John McDevitt Submits Application regarding Murder Conviction to Criminal Cases Review Commission"},"content":{"rendered":"

PRESS RELEASE ON BEHALF OF JOHN MCDEVITT RE APPLICATION CHALLENGING CONVICTION TO THE CRIMINAL CASES REVIEW COMMISSION <\/strong><\/p>\n

14th<\/sup> February 2019 <\/strong><\/p>\n

Patricia Coyle solicitor of Harte Coyle Collins, Solicitors & Advocates, confirmed today that an application challenging the safety of murder conviction for client John McDevitt was submitted to the Criminal Cases Review Commission last month in January 2019. Mr McDevitt was convicted of the murder of Private Neil Clark by a Diplock Court in 1986.\u00a0 Private Clark was killed on the Easter Monday 23rd<\/sup> April 1984 by a single gunshot wound to the head after exiting a land-rover which had been set on fire with a petrol bomb at Bishop Street, Derry during an incident in which\u00a0 20 to 30 shots fired.\u00a0 Two other soldiers sustained gunshot wounds.<\/p>\n

Mr McDevitt was arrested at 7am on the 2nd<\/sup> May 1984 some 2 weeks after the shooting incident.\u00a0 He was detained in Castlereagh Police Holding Centre for 5 days and subjected to a rigorous schedule of 23 interviews.\u00a0 He was arrested with 7 other persons 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.\u00a0 Mr McDevitt was the only defendant in the trial to maintain not guilty pleas in respect of all charges against him.\u00a0 The sole basis for the prosecution against Mr McDevitt was 4 alleged confession statements he had signed while in Castlereagh police Holding Centre.\u00a0 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 interview circumstances and the threats and ill treatment he suffered while in police custody.<\/p>\n

Mr McDevitt gave evidence in his own defence before a Diplock judge at the trial in 1986.\u00a0 He was convicted on all counts.\u00a0 He lodged an appeal against conviction to the Court of Criminal Appeal in 1987 on all counts.\u00a0 The appeal was dismissed.\u00a0 He previously applied to the CCRC in 2002.\u00a0 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.\u00a0 That account had been dismissed by the trial judge.\u00a0 The CCRC were advised 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.<\/p>\n

Patricia Coyle of Harte Coyle Collins, Solicitors & Advocates said today;<\/p>\n

\u201cWe have submitted a fresh application to the Criminal Cases Review Commission on behalf of our client challenging the safety of the convictions dating from 1986, including in particular the murder conviction in relation to Private Neil Clarke.\u00a0 This fresh application is based on new information which has only entered the public domain in the past 4 years regarding covert recording of police interviews by the Security Service\/MI5 in Police Holding Centers.\u00a0 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.\u00a0 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.\u00a0 We will continue to support our client in his campaign to establish his innocence.\u201d <\/em><\/strong><\/p>\n

John McDevitt said today;<\/p>\n

\u201cI was 19 years old when I was arrested from my home in Derry in the early hours of 2nd May 1984 under section 12 of the Prevention of Terrorism Act. I had never been arrested before and was taken directly to Castlereagh interrogation center in Belfast. The environment I had entered was both hostile and intimidating. During the initial interrogations I was denied access to a solicitor for legal advice, which left me feeling totally alone & vulnerable. <\/em><\/strong><\/p>\n

From the outset of these interrogations I was accused, among other things of driving gunmen to and from the scene of a murder in April of that year.\u00a0 Such was the setup of Castlereagh and the conditions that it left me totally disorientated. The detectives who questioned me operated in relays of two, threatening me with physical assault (words not repeatable). These detectives were relentless in their accusations of me driving gunmen and were intent on getting a statement to that effect. <\/em><\/strong><\/p>\n

On one occasion, one of the detectives left the room and returned a short time later carrying a sub machine gun. He said that this gun was used in the shooting and was in my car. At my trial and as part of my defence I explained this in court. There was also supporting notes from two and a half years previous, which had been given to my then solicitor. During his summing up the trial judge totally dismissed this as an invention in order to save myself and that such a gun would not have existed in Castlereagh nor did he believe that an experienced detective would do such a thing. 20 years later my solicitor, Patricia Coyle of Harte Coyle Collins as a result of inquiries with the CCRC was able to ascertain that such a gun did exist and was indeed in Castlereagh at the time of my detention.\u00a0 This gave full credibility to my account during my trial. <\/em><\/strong><\/p>\n

During the interrogations I denied any involvement in driving gunmen, however among the verbal threats of physical violence they kept saying that it would make no difference whatsoever if I admitted to doing so and that I would get bail and likely a suspended sentence.\u00a0 These detectives were intent on getting an admission and were not stopping until they did so.\u00a0 After almost 4 days of intense interrogations I felt exhausted and just wanted out of Castlereagh. Reluctantly and with their assistance I made a false statement to driving gunmen to and from the scene of the murder on 23rd<\/sup> April 1984. As a result of this false, forced and uncorroborated confession I spent almost 12 years in prison. <\/em><\/strong><\/p>\n

My solicitor has now submitted a fresh application to the CCRC based on new evidence and information.\u00a0 I will not rest until I have cleared my name.\u201d<\/em><\/strong><\/p>\n

\u00a0<\/em><\/strong><\/p>\n

Contact;<\/p>\n

Patricia Coyle<\/p>\n

Harte Coyle Collins<\/p>\n

Solicitors & Advocates<\/p>\n

9-15 Queen Street<\/p>\n

Belfast<\/p>\n

BT1 6EA<\/p>\n

02890 278227<\/p>\n","protected":false},"excerpt":{"rendered":"

PRESS RELEASE ON BEHALF OF JOHN MCDEVITT RE APPLICATION CHALLENGING CONVICTION TO THE CRIMINAL CASES REVIEW COMMISSION 14th February 2019 Patricia Coyle solicitor of Harte Coyle Collins, Solicitors & Advocates, confirmed today that an application challenging the safety of murder conviction for client John McDevitt was submitted to the Criminal Cases Review Commission last month…<\/p>\n","protected":false},"author":2,"featured_media":35931,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[75,69],"tags":[111],"class_list":["post-37157","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-criminal-defence","category-latest-news","tag-criminal-defence","category-75","category-69","description-off"],"_links":{"self":[{"href":"https:\/\/hcclawyers.com\/wp-json\/wp\/v2\/posts\/37157","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/hcclawyers.com\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/hcclawyers.com\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/hcclawyers.com\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/hcclawyers.com\/wp-json\/wp\/v2\/comments?post=37157"}],"version-history":[{"count":1,"href":"https:\/\/hcclawyers.com\/wp-json\/wp\/v2\/posts\/37157\/revisions"}],"predecessor-version":[{"id":37158,"href":"https:\/\/hcclawyers.com\/wp-json\/wp\/v2\/posts\/37157\/revisions\/37158"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/hcclawyers.com\/wp-json\/wp\/v2\/media\/35931"}],"wp:attachment":[{"href":"https:\/\/hcclawyers.com\/wp-json\/wp\/v2\/media?parent=37157"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/hcclawyers.com\/wp-json\/wp\/v2\/categories?post=37157"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/hcclawyers.com\/wp-json\/wp\/v2\/tags?post=37157"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}