MASKED men have appeared at Belfast Crown Court for a second day as a trial into the UVF murder of two Catholic workmen continues.
It follows condemnation after masked men were reportedly able to sit unchallenged in the court’s public gallery on Monday morning.
Northern Ireland Secretary Chris Heaton-Harris has said he “simply can’t believe” the incident where men sat in a court with their faces covered during a double murder trial in Belfast was allowed to happen.
James Stewart Smyth (57), of Forthriver Link in Belfast, is currently facing trial for the 1994 murders of Eamon Fox (41) and Gary Convie (24).
Smyth has denied five charges against him; two counts of murder, one of attempted murder, possession of a firearm and being a member of the prescribed organisation – the UVF.
Gary Haggerty, a former UVF man turned informer, told the court on Monday the killings were motivated by “pure sectarianism”.
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Two Catholic workmen murdered by UVF for ‘pure sectarianism'
The appearance of the masked men was also strongly criticised by the TUV leader Jim Allister and Ulster Unionist MLA Mike Nesbitt.
Mr Allister said: “I’m absolutely appalled that our courts are now the latest arena where masked men can throw their weight about in the sense of their menacing presence," he told the Belfast Telegraph.
“I do have to say that the court is under the control of the presiding judge and I would have expected no toleration of such behaviour.”
Stating that it is “neither orderly nor decent for people to sit there masked up,” Mr Allister said the court should be cleared immediately if it happened again.
“There is not a jury there to be influenced, so I don’t think it jeopardises the integrity of the trial in that sense, but it’s the public perception that courts should be a place where the law, above all else, is respected and honoured,” he said.
“There are certain provisions that would prevent you appearing in public, out in the street, while masked up, but it seems that there was a grave failing in that regard.”
Mr Nesbitt described events as “absolutely shocking,” and called on the Lady Chief Justice to respond to the incident urgently.
“I represent Strangford, which includes Newtownards. I saw what happened at the courthouse there - the very threatening and unacceptable graffiti aimed at Judge Hamill,” he told BBC NI's Stephen Nolan programme.
“The rule of law is absolutely paramount to any society and that seems to me to be cocking a snoot at the rule of law.”
SDLP South Belfast MP Claire Hanna said: “People in my constituency drive up part of it and see on an official billboard hoarding a UVF billboard like you would see advertising a breakfast cereal or a holiday company, and then you see masked men going in … I hope it just gives a sense of the stench that comes off Northern Ireland and the conditions that people are still expected to live under.
“I am glad you expressed your very clear revulsion of it.”
A spokesman for the Lady Chief Justice's Office said: "The Lady Chief Justice considers that this was not acceptable and should not have happened.
"The judge dealt with the matter appropriately when it was brought to his attention. The Lady Chief Justice has asked NICTS to identify how this incident occurred."
Solicitor for the families, Pádraig Ó Muirigh, said he had approached police with his concerns about the development.
"The presence of individuals with face coverings and baseball caps in the public gallery created an intimidating atmosphere for the families of the deceased,” he said.
"This is unacceptable in a court of law and I made police aware of these concerns.”
A spokesperson for the Northern Ireland Courts and Tribunal Service said on Tuesday that Monday's incident at Laganside Courts was being reviewed, and confirmed that no such incident occurred within the courtroom on Tuesday.
The PSNI has also been contacted for a response.
