Conviction referred to the Northern Ireland Court of Appeal due to concerns over police credibility 

A case in which police credibility has been questioned has been referred to the Court of Appeal by the Criminal Cases Review Commission (CCRC).  

John McDevitt was convicted of murder and sentenced to life imprisonment in 1986, after an attack on members of the British Army  in Derry / Londonderry.  

On Easter Monday in 1984, two army Land Rovers were attacked with petrol bombs. One car escaped, but the second was engulfed in flames and lost control, crashing into the garden of a house. 

Soldiers who escaped from the second vehicle were met with gunfire. Private Neil Clark was killed and two other soldiers were wounded.  

Mr McDevitt was arrested along with seven others and charged with 11 offences, which included murder, conspiracy to cause grievous bodily harm and offences relating to the creation and use of petrol bombs.  

Mr McDevitt was interviewed 23 times over the course of five days, with no solicitor present. During the first 16 interviews he denied any involvement in the murder of Private Clark, but allegedly during one of the later interviews he admitted driving gunmen to the scene of the crime.  

He firmly disputed this at trial.  

Mr McDevitt applied to the CCRC in 2019, submitting claims against the police officers who interviewed him. The officers in question were criticised in the Northern Ireland Court of Appeal’s decision in R v Latimer, Hegan, Bell and Allen [1992] 1 NIJB 89. Having considered the Court’s findings in the Latimer case, the CCRC considers that the credibility of the officers as witnesses of truth in criminal proceedings is substantially weakened. 

This referral follows a court decision in another case referred by the CCRC, which this year resulted in the Court of Appeal quashing a conviction. This was also based on the Latimer case. 

After extensive analysis, the CCRC has determined there is a real possibility the Northern Ireland Court of Appeal will conclude Mr McDevitt’s conviction is unsafe.  

Mr McDevitt had previously applied to the CCRC in February 2002. This did not result in a referral. 

Mr McDevitt was represented in his application to the CCRC by Harte, Coyle, Collins Solicitors, Belfast. 

[ENDS] 

Notes to Editors 

1. The CCRC is an independent body set up under the Criminal Appeal Act 1995. It is responsible for independently reviewing suspected and alleged miscarriages of criminal justice in England, Wales and Northern Ireland. It is based in Birmingham and is funded by the Ministry of Justice.    

2. There are currently 10 Commissioners who bring to the CCRC considerable experience from a wide variety of backgrounds. Commissioners are appointed by the monarch on the recommendation of the Prime Minister in accordance with the Office for the Commissioner for Public Appointments’ Code of Practice.  The Chairman, who is also a Commissioner, is not involved in the casework decision-making process. 

3. The CCRC usually receives around 1,500 applications for reviews (convictions and/or sentences) each year. Since starting work in 1997, the CCRC has referred around 3% of applications to the appeal courts.    

4. The CCRC considers whether, as a result of new evidence or argument, there is a real possibility that the conviction would not be upheld were a reference to be made. New evidence or argument is argument or evidence which has not been raised during the trial or on appeal.  Applicants should usually have appealed first. A case can be referred in the absence of new evidence or argument or an earlier appeal only if there are “exceptional circumstances”.         

5. If a case is referred, it is then for the appeal court to decide whether the conviction is unsafe.    

6. More details about the role and work of the Criminal Cases Review Commission can be found at www.ccrc.gov.uk. The CCRC can be found on Twitter @ccrcupdate.