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TUESDAY JANUARY 9 2024
Alleged IRA man on trial for
postman’s murder 30 years ago
New forensic techniques uncovered defendant’s DNA profile, court told
A
be
CO Armagh alleged IRA man
court
who
accomplices
has
gone
on
trial
ac-
heard
how
one
of
shouted
him”
before
der almost 30 years ago can
the victim fell to the ground, “blood
to
the
“well
planned
techniques
uncovered
the
out
and
mouth and nose”.
his
Fleeing the scene with £131,000,
DNA prole, a court heard.
Opening
rang
pumping out of his right ear, left ear,
and professional robbery” after new
forensic
shot
other
cused of a postman’s mur-
connected
another
the
“shoot
the robbers demanded the override
prosecution
case
key for the inner and outer gates but
against James Seamus Fox, KC Samu-
they
el Magee said that taking the strands
hind.
also
left
a
sledgehammer
be-
of the circumstantial case together,
Around 45 minutes later, near Kil-
there is an “irresistible inference” the
leavy Castle, two RUC ofcers came
64-year-old was a “willing and active
across
participant”
occupants were challenged, one ran
during
the
robbery
at
a
Renault
Newry sorting ofce which resulted
away
in the murder of Frank Kerr.
were arrested.
Those strands, the senior barris-
but
19
and
McComish
when
and
the
Donegan
A search uncovered a Royal Mail
ter told the Diplock trial at Craigav-
uniform
on Crown Court, included Fox’s DNA
cap and these were subject to foren-
prole being uncovered on a Royal
sic tests at the time.
Mail cap and trousers, stained with
Magee
anorak,
trousers
told
trial
judge
Mr
In
2019,
however,
were
nault 19 which had been stopped by
were levied against Fox.
police 45 minutes after the robbery
two
occupants,
examined
again
the
exhibits
need to prove what role was alleg-
and
charges
edly played by Fox and added that
in any event, the men were wearing
Mr Magee described how bres
disguises
such
as
glasses
and
fake
De-
on the sledgehammer at the scene
tan so any identication may not be
clan McComish and Kevin Donegan,
matched bres in the Royal Mail cap
sound.
were
and that, in turn, several hairs poten-
later
the
Frank Kerr was shot dead after a struggle
were negative.
been recovered in the back of a Re-
where
a
ing found on the trousers, the results
Justice Fowler how those items had
and
and
Apart from the victim’s blood be-
the victim’s blood.
Mr
of
convicted
and
jailed
for
offences of assisting offenders.
Fox, from the Carewamean Road
of
Mr
Kerr,
robbing
Mail of £131,000, possessing a pistol,
PICTURE: PACEMAKER
James Seamus Fox arrives at Craigavon Court yesterday
a revolver and ammunition with in-
the
prosecution
case
how-
in the lining of the seized cap.
and active participant”.
At
Royal
is
ever, he said, that Fox was a “willing
in Jonesborough, is charged with the
murder
It
tially attributable to Fox were found
the
fo-
Names were taken and staff mem-
rensic scientists took tape lifts from
bers threatened they would be shot
the
if they hampered the gang’s escape,
ofcer
initial
to
investigation,
establish
whether
-
bres could have been transferred to
The driver told the security hut
at least two of whom were carrying
the
robbery
He submitted that given the sci-
bership of a proscribed organisation,
“priority services Belfast”, a phrase
loaded guns, entered into the sorting
scene but the barrister told Mr Jus-
entic ndings, there is an “irresist-
namely the IRA, all alleged to have
which
ofce
tice Fowler that minute amounts of
ible inference” that Fox was one of
been
used by Post Ofce staff who were in
cellular material was found on those
the gang.
committed
on
November
10
1994.
offences,
there
“recognised
parlance”
Mr
just
had
Magee
after
been
9am
that
cash
the
court
morning
delivery
The
When the inner gate was opened,
the
employee
was
in
confronted
the
by
security
an
armed
forced
staff
to
kneel
be-
to
Mr
supervisor
Kerr’s
the
tape lifts.
That inference was bolstered, he
further submitted, by Fox’s associa-
gate
he was told it was a robbery, he de-
DNA prole and the judge heard the
tion to the two men who were jailed
man
manded
chances of it coming from someone
for assisting offenders, revealing the
other than Fox is one in a billion.
defendant had visited them in pris-
“are
and
at
Scientists were able to extract a
know
ofce
marched
hammer
when
to
cash
was
you
f******
of
dressed in a Royal Mail uniform who
joking” before he grabbed the gun-
£234,000 at Newry sorting ofce but
forced him to the oor and tied his
man by the arms.
that around 20 minutes later, a Royal
hands with cable ties.
Mail van arrived.
a
told
and
tween two vans in the yard outside.
a hurry.
Outlining the background to the
that
was
sledge
the court heard.
tent to endanger life and with mem-
That man and three other men,
Mr
Magee
told
Describing the robbery as a “well
the
court
the
gunman red but he missed and the
planed
operation”,
Mr
Magee
sub-
mitted that the prosecution did not
on.
The trial, set to last up to three
weeks, continues.