Bail refused in Duffy case

A pollen expert has suggested “greater than chance” similarities between a profile on Mr Duffy’s footwear and a sample on a bag recovered from the vehicle, a judge was told.

However, the prosecution also confirmed it would no longer be relying on a separate soil study for a planned preliminary inquiry to decide if Mr Duffy should stand trial.

Details emerged as Mr Duffy (42) was refused bail after a judge held that there was prima facie evidence connecting him to a dissident republican group which poses a threat to the public.

“What is important to bear in mind in this case is the violence in question was clearly part of a highly organised incident and one which was organised by an active terrorist organisation still committed to carrying out murderous acts of terrorism against members of the security forces and anybody else who gets in their way,” Lord Justice Girvan said.

Mr Duffy, of Forest Glade, Lurgan, and Brian Chivers of Magherafelt are charged with the murders of soldiers Mark Quinsey and Cengiz Patrick Azimkhar.

The 42-year-old is also accused of five counts of attempted murder and possession of firearms with intent in connection with the Real IRA ambush.

Masked gunmen also fired at least 60 rounds at the victims, then escaped in a waiting car, according to the prosecution.

That vehicle was later found partially burnt out in Randalstown. Forensic examinations were later carried out on the tip of a latex glove retrieved from the front passenger side.

It was alleged that the chance of a DNA profile obtained from the particle belonging to anyone other than Mr Duffy was less than one in a billion.

Mixed profiles from up to three people were also found on a seatbelt buckle. A forensic scientist concluded that one of them could have come from Mr Duffy, according to the prosecution.

The same type of ammunition as that used in the attack was found in a glove compartment, while a holdall found in the boot contained camouflage jackets and more bullets, the court heard.

Tessa Kitson, prosecuting, said the prosecution service served the defence on Thursday with a report from an expert on pollen and fungal spores. She had studied the samples taken from the bag and a boot belonging to Mr Duffy.

However, the barrister said separate findings from a soil expert would not be used in a hearing next week to determine whether Mr Duffy should stand trial.

Ms Kiston said this was because the soil recovered was common to large parts of Northern Ireland rather than a specific area.

Mark Mulholland, defending, countered with a sustained criticism of the handling of the case against his client.

Mr Mulholland argued that Mr Duffy should be granted bail on the basis of a delay in bringing the case to trial.

However, Lord justice Girvan refused bail.