PRESIDING JUDGE Mr Justice Hart was one-hour and 45 minutes into his three-hour judgment when he informed high-profile republican Colin Duffy that he was not guilty and was free to go.
Mr Duffy, with his long thick beard acquired while on dirty protest in Maghaberry prison, appeared to be shocked initially, but then his face briefly lit up with satisfaction before quickly returning to a more composed expression.
There was a whoop, some gasps and some clapping from members of his family and supporters sitting on the far side of the court from the families of Patrick Azimkar and Mark Quinsey, the two British army sappers gunned to death in Antrim in March 2009.
Mr Justice Hart, in his last case before his retirement, warned earlier that any such reaction would lead to him clearing those responsible out of the court, which he did in perfunctory manner.
As Mr Duffy left the court the faces of the Azimkars and Quinseys were also a study in shock, but of an entirely contrasting kind, denoted by accompanying tears from some of the group.
The judge then spent more than an hour outlining the case against Shivers – who sufferers from cystic fibrosis and has been told by a doctor he has only three or four years to live – in the end pronouncing him guilty and sentencing him to life in prison, the minimum term he must serve to be decided in about three weeks’ time.
His lawyer, Pat O’Connor QC, was severely rebuked by the judge as he attempted to stop him passing sentence. Mr O’Connor later apologised and explained that because of Shivers’s illness he hoped he would defer sentence so it could be established that the sentenced man would get proper medical support in prison.
“His life is at risk, there is no question, if he’s not given a proper regime,” he said.
Mr Justice Hart informed him that there was never a chance that he could postpone imposing the mandatory life sentence for murder but that his medical report should be passed on to the prison.
Mr Duffy’s supporters had to wait another 90 minutes inside the building as the official formalities of releasing him from remand were processed. When he walked into the foyer at about 2.45 pm there were more cheers and family hugs for Mr Duffy.
Outside, with the reporters and camera crews a group of loyalists had gathered, carefully observed by police. One of them draped a banner over the railings stating: “We support our troops.”
There were no comments for the press from Mr Duffy, as he was bundled into a car that drove off at speed. Loyalists screamed “scum” and “rot in hell” at the departing vehicle. Rather incongruously one loyalist complained loudly about being “fined £300 for shoplifting”, while the likes of Mr Duffy could walk free.
A few miles outside the town in the Dunsilly Hotel, the PSNI and Azimkar and Quinsey families made statements to the press.
The senior investigating officer, Chief Supt Peter Farrar, pledged that the investigation to apprehend the “evil murderers” would continue.
Sapper Azimkar’s mother, Geraldine, said the killing had “cast a dark shadow over our lives”, while Sapper Quinsey’s sister Jaime added that the families had got “a little bit closer to justice” but that there was no closure.
