Court of Appeal in Northern Ireland Decisions

IN HER MAJESTY’S COURT OF APPEAL IN NORTHERN IRELAND ________ ON APPEAL FROM THE CROWN COURT IN NORTHERN IRELAND ________ THE QUEEN -v- JAMES SEALES AND STEPHEN CHARLES McCAUGHEY _______ Before: COGHLIN LJ, GILLEN LJ and DEENY J ________

GILLEN LJ (delivering the judgment of the Court)

Introduction

[1] The two applicants, James Seales and Stephen McCaughey were convicted at Belfast Crown Court on 14 May 2013 by Weir J, sitting with a jury, of the murder of Philip Strickland (“the deceased”) on 11 January 2012 and of possession of a firearm with intent to endanger life. Seales was convicted unanimously on both counts. McCaughey was convicted of the murder by a majority of 10 to 2 and of possessing the firearm by a majority of 11 to 1. Seales was sentenced to life imprisonment with a minimum term of 15 years for the murder and 12 years determinate custodial sentence for the firearm offence. McCaughey was sentenced to life imprisonment with a minimum term of ten years for the murder and eight years determinate custodial sentence for the firearms offence.

[2] The applicants renew their applications for leave to appeal which were refused by the Single Judge.

[3] Mr McCartney QC appeared on behalf of Seales with Mr Quinn. Mr O’Rourke QC appeared on behalf of McCaughey with Mr McCreanor. Mr McCollum QC appeared on behalf of the prosecution with Mr McDowell QC. We are grateful to counsel for their painstaking skeleton arguments and helpful oral submissions

Factual background

[4] On 11 January 2012 William Gill, who lived on a farm on the Ballydrain Road between Comber and Castle Espie, had been contacted by Jason Weir concerning the sale of a motor vehicle. After meeting at the farm, Philip Strickland arrived in a blue Citroen Saxo. Mr Gill recalled Jason Weir then leaving the farmyard. After Gill and Strickland had been speaking for 5-10 minutes, according to him three cars namely a Subaru, a Mercedes and a Peugeot arrived in the farmyard. Jason Weir and Ian Weir then pulled Philip Strickland out of the car, with Ian Weir holding him whilst Jason punched and kicked him. Mr Gill recorded that Jimmy Seales, who is the father of Jason and Ian Weir, was standing at the fro

“The following principles may be distilled from these materials

1. The Court of Appeal should concentrate on the single and simple question 'does it think that the verdict is unsafe'.

2. This exercise does not involve trying the case again. Rather it requires the court, where conviction has followed trial and no fresh evidence has been introduced on the appeal, to examine the evidence given at trial and to gauge the safety of the verdict against that background.

3. The court should eschew speculation as to what may have influenced the jury to its verdict.

4. The Court of Appeal must be persuaded that the verdict is unsafe but if, having considered the evidence, the court has a significant sense of unease about the correctness of the verdict based on a reasoned analysis of the evidence, it should allow the appeal.”

[142] Applying these principles to McCaughey’s case, we have no doubt that the jury verdict in his case was not against the weight of the evidence and, having reviewed the whole matter, we have no lurking doubt or sense of unease about the correctness of the verdict in this instance. We refuse the application and reject this ground of appeal.

[143] In summary therefore we reject the applications for leave to appeal in each case.