Confessions obtained from three men for the killing of a catholic teenager 'tainted' court is told

Court report.Court report.
Court report.
​Confessions allegedly obtained from three men jailed for the killing of a Catholic teenager nearly 50 years ago were “tainted”, the Court of Appeal heard today.

Lawyers for George Kirkpatrick and brothers Eric and Cyril Cullen confirmed a challenge to their convictions is based on claims of coercion and ill-treatment during police interviews.

Known as the Castlewellan Three, they were found guilty of the sectarian murder of Francis Rice in the Co Down town back in May 1975.

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The 17-year-old victim was abducted and stabbed to death before his body was dumped in a laneway.

His killing was claimed by the Protestant Action Force - a cover name for the Ulster Volunteer Force.

In 1981, Kirkpatrick and the Cullens were convicted of kidnapping, falsely imprisoning and murdering the teenager despite protesting their innocence.

Their trial at Belfast City Commission centred around disputed admissions allegedly made to investigating RUC officers.

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Although George Kirkpatrick and Cyril Cullen have both since died, a legal bid is being mounted to clear the names of all three men.

The Criminal Cases Review Commission referred their convictions back to the Court of Appeal amid concerns about the credibility of three policemen who questioned them in custody.

Those officers were later subject to significant judicial criticism for rewriting interview notes in a separate Troubles-era murder case.

Lawyers representing the Castlewellan Three insist they were subjected to similarly indefensible police behaviour in being pressured into making false admissions.

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At a preliminary hearing today, Lady Chief Justice Dame Siobhan Keegan established: “You are making a claim in this court that the confession evidence is tainted.”

She was told efforts are continuing to retrieve all relevant transcripts from the original trial.

Some of the evidential material has now been obtained, but another 19 boxes stored in the archives are still to be examined.

The documents sought include cross-examination of the defendants and testimony given by officers allegedly involved in their ill-treatment.

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A shorthand expert has been identified to transcribe the historic notes before the appeal can be dealt with.

Adjourning proceedings to next month, Dame Siobhan acknowledged the full hearing is now set to be delayed until later this year.

She advised: “That’s likely to be in the spring or early summer.”