Duffy co-accused has convictions quashed

Shivers, 47, from Magherafelt, challenged his convictions for the murders of Sappers Mark Quinsey, 23, and 21-year-old Patrick Azimkar in March 2009.

His co-accused, Colin Duffy, from Lurgan, was acquitted of all charges, including the two murders.

The victims were shot by the Real IRA as they collected pizza.

On Tuesday, the Court of Appeal ruled the verdict in the Shivers case was unsafe.

The court said that no finding was made on when Shivers allegedly became aware of the murder plot.

Shivers will now remain in custody until the Public Prosecution Service decides whether to seek a retrial.

Last February, Shivers was ordered to serve a minimum 25 years in prison for his part in the killings.

At that time, he was also found guilty of six counts of attempted murder and one of possession of two firearms with intent to endanger life. Thes

Shivers, who suffers from cystic fibrosis, was originally found guilty as a secondary party who aided and abetted by setting fire to the getaway car.

DNA analysis had established a link to matches found in the partially burnt-out Vauxhall Cavalier used by the gunmen.

But Shivers’ lawyers argued that it was legally impossible for him to he convicted of murder because there was no actus reus, or criminal act, prior to the murder.

Patrick Azimkar and Mark Quinsey were murdered in March 2009

Lord Chief Justice Sir Declan Morgan said the trial judge had not dealt with the concept of a joint enterprise.

Counsel for the Public Prosecution Service is expected to confirm on Wednesday whether it is seeking fresh criminal proceedings.