Judge may halt trial linked to IRA killing of Jean McConville
ONE of Northern Ireland’s most senior judges has been asked to consider halting a trial into one of the most notorious killings of the Troubles.
Lawyers for Ivor Bell, who is facing charges linked to the 1972 IRA abduction and murder of mother-of-10 Jean McConville, say the Belfast pensioner is unfit to stand trial, as he has dementia.
Bell, who will be 81 next month, has been charged with two counts of soliciting murder. He had been charged with “encouraging persons not before the court” to murder the widow on a date between October 31, 1972 and January 1, 1973.
Defence barrister Barry Macdonald told Mr Justice Colton at Belfast Crown Court that Bell’s dementia means his client “canthis
Accused: 80-year-old Ivor Bell
not have a fair trial” and it would be “oppressive and unfair to seek to try him on the charges”.
The barrister also claimed that any trial would exacerbate his condition.
During yesterday’s application, Mr Macdonald argued that due to Bell’s mental state, his legal team have been unable to take instructions. He also argued mental state would render his client unable to be cross-examined about something that occurred 45 years ago.
Reminding the court that the basis of the prosecution against his client rested solely on the claim Bell is ‘Z’ on the Boston Tapes, Mr Macdonald spoke of any trial being “complex, complicated and time consuming”.
In response, senior prosecuting barrister Kieran Murphy told the court the Crown accepted Mr Bell had dementia, and said if it was determined that the accused did not have to attend proceedings, the Crown “would not place an obstacle in the way of that”.
He did, however, argue that the trial should and could proceed.
Mr Justice Colton gave both legal teams another week to made further written submissions, and reserved judgement until then.