Murder accused refused holiday application

Gary Marshall, from Ennis Green in Lurgan, is accused of murdering 30-year-old Kevin Conway on a date unknown between 16 and 19 February 1998.

Having been kidnapped from his Lurgan home, the body of the married father-of-four was found on farmland at the Soldierstown Road near Aghalee on 17 February, his head hooded, hands tied behind his back and shot through the head.

Detectives arrested Marshall in Birmingham last December after carrying out a review of the original RUC murder investigation and the court previously heard that Marshall could allegedly be connected to the execution by soil and forensic fibre evidence.

Refusing Marshall’s application for a holiday at Craigavon Magistrates’ Court, District Judge Mervyn Bates said it was his opinion that given the seriousness of the charge faced by the 45-year-old, that he was at “risk of flight.”

Solicitor Peter Corrigan had submitted that Marshall “vehemently denies the allegation” and that given the vintage of the case, coupled with the fact that the break was booked before he was charged, “the risk of absconding is negligible.”

He further argued that as he intends to fight the case, Marshall had every reason to turn up for further court appearances.

Giving evidence to the court, however, a detective inspector said the police view was that there was “a serious risk of flight” given the seriousness of the charge.

Marshall was arrested and questioned during the original investigation but refused to speak to police over the course of 20 interviews until forensic evidence was put to him.

It was claimed that Marshall’s red Vauxhall Nova had been used in the killing and that original examination of the car had uncovered fibres from Mr Conway’s shirt on the back seat and that recent, further examinations uncovered more fibres from the murdered man’s shirt on both the upright and seated parts.

Attended by murdered solicitor Rosemary Nelson during the original investigation, Marshall had claimed 15 years ago the fibres were there because Mr Conway had helped him with a child’s car seat but according to the police case, that explanation is not consistent with their forensic findings.

It was further claimed that another forensic scientist had opined there was a “range of similarities” between soil debris in the foot well of the Nova car and the derelict building where Mr Conway’s body was found.

In the more recent series of interviews Marshall again chose to remain silent, the court heard.

He was bailed in December, under the conditions that he surrender his passport and report to police regularly.