THE sisters of IRA murder victim Robert McCartney pledged tonight to keep up their battle to bring those responsible to justice after the only man charged with the killing was acquitted.
"It's not over," vowed Catherine McCartney after republican Terence Davison walked free after being cleared of murdering her brother.
The 33-year-old father-of-two was stabbed to death in a Belfast street after a row in Magennis's Bar close to the
republican Markets area on January 30 2005.
The sisters – who took their campaign for justice for their brother across the globe and into the White House – believe at least 15 people were involved in the murder and a near forensic clean-up of the scene to remove evidence, and remain at large.
They challenged the IRA and Sinn Fein to stop blocking investigations and to co-operate with the police.
Ms McCartney vowed not to let things rest despite it having "become an embarrassment to the British and Irish Governments".
Speaking on behalf of her sisters after the acquittal at Belfast Crown Court, Ms McCartney said they were very disappointed but not surprised.
"We hadn't got very high expectations," she said.
"As a lay person sitting in that court listening to the evidence we have heard, would I have put someone away on that evidence? No.
"I wouldn't have so I can't expect the judge to do so."
The blame lay firmly with the IRA and Sinn Fein who, she said, "from day one have obstructed the course of justice and continue to do so".
"We believe there is still a body of evidence out there that can still be brought forward and we expect Sinn Fein to do what they say they can do, despite their having refused to do so up to date," she said.
"Despite saying to the police they would co-operate they have not co-operated whatsoever."
In a judgment taking over two hours to deliver, Mr Justice John Gillen acquitted Davison of murder and two further counts of affray.
Co-accused James McCormick, 39, and Joseph Fitzpatrick, 47, were also found not guilty of affray. Fitzpatrick was acquitted on a further charge of assault.
Before freeing the men the judge said: "I recognise that the family of Mr McCartney and others who held him dear will be frustrated and disappointed that whoever it was who cut this young man down in the prime of his life has or have not been brought to justice."
The judge continued: "However, the memory of Mr McCartney and the rule of law itself would be ill-served by this court failing to observe the high standards of criminal justice and the burden of proof which prevail in courts in Northern Ireland."
He went on: "The law is not a feather for every wind that blows and the need to ensure that defendants are found guilty only if there is proof beyond a reasonable doubt cannot be sacrificed to genuine and justifiable public concern that miscreants should be brought to justice."
The judge warned the men they could yet be brought back to court if more evidence emerged.
He said: "I have no doubt that the investigation into this crime will continue and if new evidence emerges in connection with this murder no one, including for that matter even the accused in this trial, will be beyond the reach of potential prosecution."
None of the defendants entered the witness box during the trial and the judge ignored a suggestion from the Crown he should draw adverse implications from that.
"The right to silence is still preserved," he said.
Much of the evidence against Davison and his co-accused centred on that of a woman known only as Witness C during the trial.
The judge said that she was "transparently honest" and courageous to give evidence but he said he found flaws in her evidence.
The judge slated identification evidence of Mr McCartney's friend Ed Gowdy.
"I have come to the conclusion that this witness's evidence is so seared with inconsistency, contradiction and implausibility in crucial areas that I could not place sufficient reliance on him to be satisfied beyond reasonable doubt as to his account," he said.
The judge said Mr Gowdy was not telling the truth about his knowledge of events in Magennis's bar and Market Street on the night.
"So far as the events inside the bar are concerned, he has given completely different versions to the police both before and after he spoke to the IRA (and which he accepts were fabrications at least prior to speaking to the IRA), to a national newspaper (which again he admits were lies) and to the family members at the hospital on the night of the stabbing," he said.
Detective Superintendent Kevin Dunwoody who led the investigation expressed his sorrow it had not secured convictions. Police would be considering their next move.
He said: "During this case some brave people came forward and gave evidence. Others, who had information that would have helped bring the killers to justice, held on to what they knew.
"They need to look to their own consciences today."
The judgment reinforced the fact the police needed community support, he said and praised the bravery of Witness C.
"The shame is that more people were not prepared to come forward and give evidence. Perhaps today will jolt the consciences of some of those witnesses and perhaps they will now tell us what they know."
The full article contains 926 words and appears in The Scotsman newspaper.
