New twist in Hazel Stewart murder appeal bid

Senior judges have now directed her previous legal team to supply information on any advice they gave her on the halting of that appeal.

Stewart, 51, is serving a minimum 18-year jail sentence for the killings of Trevor Buchanan, 32, and 31-year-old Lesley Howell, the wife of her ex-lover Colin Howell.

But the former Sunday School teacher is now pressing ahead with a second attempt to clear her name.

In January 2013 the Court of Appeal rejected her first challenge to being convicted of Lesley Howell’s murder.

At the start of that hearing it was announced that she would not be proceeding with the appeal against being found guilty of killing Constable Buchanan.

She claims, however, this was only done on the understanding that she could resurrect her case at a later stage.

Both Stewart and her second husband have filed court affidavits setting out their understanding of the circumstances.

Appeal judges had ordered transcripts from the earlier hearing in a bid to establish for certain if one of her appeals was abandoned.

Defence barrister Eugene McKenna confirmed on Friday that correspondence at the time suggested that challenge was not being pursued.

“The parties are agreed it’s an indication of abandonment without qualification,” he told the Court of Appeal.

Mr McKenna continued: “I think the next step is to make inquiries of the previous legal team to establish what advice was given about the affect of the abandonment.”

According to Ciaran Murphy QC, for the prosecution, the decision appeared to have been taken at the time for tactical reasons.

He argued that the onus was now on Stewart to take the issue further.

Agreeing with that assessment, Lord Justice Girvan, sitting with Mr Justice Treacy, told Mr McKenna: “I think the ball is in your court.”

The judges then directed that within four weeks Stewart’s previous senior counsel and solicitor are to submit affidavits dealing with points raised by her and her husband.

“They will set out any matter relevant to advices given in respect of the abandonment of the appeal,” Lord Justice Girvan added.

Stewart was unanimously convicted of both killings by a jury at Coleraine Crown Court in March 2011.

Both victims were found in a fume-filled garage in Castlerock, Co Londonderry back in May 1991.

Police originally believed they had died in a suicide pact after discovering their partners were having an affair.

They were in fact murdered before their bodies were arranged to make it look like they had taken their own lives.

Nearly two decades passed before dentist Howell, 55, suddenly confessed to both killings.

He pleaded guilty to the murders in 2010 and was ordered to serve at least 21 years behind bars.

Howell also implicated his former lover in the plot and gave evidence against her at her trial.

A further review of her planned appeal will take place in January.