A FORMER UVF man turned informer has been described as a "flawed" and "dishonest" witness by the Public Prosecution Service, a murder trial has heard.
Gary Haggarty has given evidence this week at Belfast Crown Court in the trial of James Smyth, who is accused of the murder of Catholic workmen Eamon Fox (41) and 24-year old Gary Convie in May 1994.
On the same day as the Crown closed its case against Smyth, it emerged that a PPS document from June 2023 concluded there were "significant concerns" regarding Haggary which could "undermine" his "credibility and reliability" as a witness.
This, the document set out, was due to a concern he was "motivated by revenge on his UVF associates and Special Branch handlers".
Under the Serious Organised Crime and Police Act 2005, a person signs a contract with the PPS to become an 'assisting offender'.
Haggarty - a former UVF chief turned supergrass - spent three days in the witness box this week where he implicated Smyth, from Forthriver Link in Belfast, as being the gunman who murdered the two workmen as they sat eating lunch in a parked car in North Queen Street.
The double murder was claimed by the UVF.
Former UDR man Smyth (57) has denied five charges, including the murders of Mr Convie and Mr Fox on May 17, 1994 and the attempted murder of a third workman on the same date.
He has also denied possessing a Sten submachine gun and a quantity of ammunition with intent, and of being a member of the UVF.
Smyth was arrested and charged with the offences due to evidence provided by Haggarty and DNA evidence.
The contents of a PPS statement regarding Haggarty's reliability as a Crown witness - which was agreed by the defence - was read to judge Mr Justice O'Hara.
Sections of the statement were read by defence barrister Michael Borrelli KC, who said: "In summary, the prosecution has serious and significant issues which undermine Gary Haggarty's credibility and reliability as a witness.
"The prosecution has assessed him as a deceptive witness, a dishonest witness with regard to his motivation in entering the SOCPA process, a flawed witness and a witness who may well be motivated by getting revenge on his UVF associated and Special Branch handlers."
"The prosecution concludes that having regard to the above matters, it is inevitable that any court asked to receive and assess evidence from Gary Haggarty will require a sufficient level of corroboration."
It is the Crown's case that the corroborating evidence comes from Smyth's DNA which was on the inside collar area of a blue Barbour jacket found in a sports bag along with the murder weapon.
Also heard during Thursday's hearing was information regarding Smyth's arrest in March 2014 and his subsequent interviews with police.
He spent two days in custody and was interviewed on 12 occasions regarding the murders of Mr Convie and Mr Fox.
With his solicitor present, Smyth said: "I know nothing about the murders. I'm not guilty and I have nothing further to say on the matter."
He then refused to answer a series of questions put to him by officers, which included being asked why his DNA was found on the Barbour jacket.
He also refused to comment when Haggary's statement implicating him was put to him.
After this and other agreed statements were read out, Mr Justice O'Hara was then told by a senior Crown barrister: "My Lord, that's the prosecution's case."
The judge revealed he will give a ruling on a legal application next week and said the case will be listed again in December when an application that Smyth has 'no case to answer' is expected to be launched by the defence.
