5 June 2000
CARC3185 IN HER MAJESTY'S COURT OF APPEAL IN NORTHERN IRELAND
THOMAS ROBERT GARFIELD GILMOUR
"Q Tell the truth did you throw the petrol bomb at Quinns house.
A No I've never handled a petrol bomb.
Q Well in whose hand did you see the petrol bomb.
Q Johnny McKay's.
Q Did he throw it.
A I didn't see that.
Q Why not.
A I was parked around the corner.
Q What happened.
A I stopped and Johnny and Raymond got out.
Q Where did they go.
A Around the back of the car.
Q Yes and then where.
A Around the corner.
Q Where the Quinns house is.
The interviewers questioned the appellant further about the sequence of events, and he then stated that when McKay and Raymond Parke left the car Ivan Parke stayed with the appellant in his car to make sure that he did not drive off (it appears from later answers that he had been in the car all along, but the appellant's accounts are not consistent). The questions and answers recorded then contain the following passages:
"Q When did you first see the petrol bomb that morning.
A At the back of the house.
Q What was it like.
A Just a glass bottle.
Q When did you hear and see what happened.
A Seconds after I saw it in Johnny's hand I heard glass breaking.
Q Tell us how many petrol bombs did you see.
A Just the glistening of one in Johnny's hand.
Q Did you actually hear the sound of glass breaking.
A Yes and they came running back."
"Q Did you hear Johnny, Raymond and Ivan discuss petrol bombing the Quinns house when they were together in Christine's house.
A No I never. They must have done that when me and Christine were upstairs in the bathroom or in the bedroom. I did hear rumours about 2 weeks before that Collie was going to be used as a Guy Fawkes.
Q Where did you hear this from who.
A At Christine's house and Johnny's. They were carrying on about it and laughing.
Q Who was.
A Raymond, Ivan and Johnny were.
Q When did you hear this.
A In the couple of weeks leading up to the 11th night. They kept on laughing and joking about it.
Q Well didn't you twig that that was what they were up to when they wanted you to drive them up to Carnany.
A I didn't know that on the way up to Carnany but I twigged on when Johnny pointed out the house and I saw the bottle in Johnny's hand.
Q What did you think.
A By the looks of the bottle and that, it clicked on me that they were going to petrol bomb the house but I prayed that I was wrong.
Q Did you realise then that it was a UVF operation.
A Aye, because that's what they're all in - except me.
Q Are you scared of Ivan - were you scared of him sitting in your car.
A No not of him but of what he's in - the UVF scare me. It crossed my mind that if I did leave them and drive off they would get me, Christine and the wains.
Q Think back to when you were driving around the town after the petrol bombing was anything said by anyone in the car.
A One of the Parkes said something like `They were warned to get out of the estate'."
"I am satisfied on the basis of his admissions which I have set out in extenso and on the evidence of the witnesses called by the prosecution that the accused was aware that the house occupied by some members of the Quinn family was going to be petrol bombed by McKay and Parke and that in that knowledge the accused remained near the scene in his motorcar in order to enable McKay and Raymond Parke to escape after petrol bombing the house."
"The attack was so timed that people would be expected to be asleep in bed and having regard to the fact that it was after the `11th night', local people would be expected to have consumed more than their normal intake of alcohol. I am satisfied that the accused from his visits to the estate knew that there were young children in the house. Anyone sleeping upstairs in a house in which a petrol bomb has been ignited is certain to suffer some inhalation of smoke, runs the considerable danger of suffering burns and may suffer injuries in a hasty escape. Failure to warn the occupants shows that they were intended to awake in a burning house and the circumstances of this case clearly show that serious injury was intended. Having regard to the previous discussions about the Quinn family, I am satisfied that when the accused became aware that McKay had a petrol bomb in his possession he would have realised instantly that its use was intended to cause grievous bodily harm to the occupants of the house, especially since he recognised that the attack was a UVF attack with the clear inference that its motive was sectarian."
"However, this accused has not made any admission that he was able to observe fully the bottle which McKay had in his possession and whatever my suspicions may be about his state of knowledge I am not satisfied beyond a reasonable doubt that he did recognise that the intent was to kill. However, I have no doubt whatever that he recognised the fact that McKay intended to cause really serious injury to persons in the house and I determine the case on that basis."
IN HER MAJESTY'S COURT OF APPEAL IN NORTHERN IRELAND
THOMAS ROBERT GARFIELD GILMOUR