Neutral Citation no. [2006] NICC 35 Ref: HARC5616 Judgment: approved by the Court for handing down Delivered: 7/12/2006 (subject to editorial corrections) IN THE CROWN COURT IN NORTHERN IRELAND BELFAST CROWN COURT ________ THE QUEEN v WILLIAM JAMES FULTON AND MURIEL GIBSON (No. 10) BILL NO 150/03 ________ INDEX Page Paragraphs Subject Matter Introduction 8-9 1-4 Charges and representation. 9-10 5-6 The reason for surveillance. 10-11 7-12 Type of surveillance and statutory and non- statutory procedures. 12 13-14 The evidential tapes and transcripts. 12-13 15 The relevance of excluded transcripts. 13-14 16 The contents of the evidential transcripts. 14-16 17-20 The undercover operation. 16 21 Submissions. 16 22 Burden of proof. 17 23 Neither defendant gave evidence. The case against Fulton 17 24-25 Acceptance by Fulton that it was him speaking during the recorded conversations, and the prosecution case. 17-20 26 Fulton's defence that he was bragging and recounting material he had learnt from 1 various sources, and that his purported admissions were untrue. 20-29 27-38 Fulton's defence as set out in his defence statement of 22/9/2003, and in interview. 29-33 39-46 Fulton's admissions in the presence of Gibson and others. 33-40 47-55 Fulton explaining involvement by himself and others in offences. 40-44 56-63 Fulton saying "anything I say, is third hand, is hearsay". 44-49 64-74 Whether Fulton drank when driving. 49-51 75-77 Fulton's drinking and taking drugs on other occasions. 51 78 Absence of forensic evidence. 51-53 79-80 Absence of corroborative material. 53-54 81-83 The relevance of the prison letter. 54-58 84-90 The relevance of inconsistencies in Fulton's descriptions of events. 59-62 91-103 Fantasy and exaggeration. 62-66 104-107 Dependency, social and financial. 66-67 108 Fulton's refusal to answer questions during interview. 67 109-110 Fulton's failure to give evidence. 67-68 111 The order in which the charges will be considered. The events of 4 and 5 June 2000 68-70 112-115 The link between the three incidents. Incident 3 – the attack on Mr Murnin's house 70-71 116-118 The charges and the necessary intent. 71-73 119-123 The background evidence. 73 124 The evidence about Mrs Fulton's car. 73-80 125-134 Fulton's accounts. 80-81 135-138 Analysis of Fulton's accounts. 82-83 139-141 Conclusion. 83-84 142-145 Verdicts on Counts 8-13. Incident 1 – the murder of Mrs O'Neill 85 146 Introduction. 85-87 147-150 The background evidence. 87-91 151-159 Fulton's accounts. 2 91-93 160-164 Analysis of Fulton's accounts. 93-100 165-179 Submissions and conclusions. 100 180 Verdicts on Counts 1 and 2. Incident 2 – the attempted murder of Janelle Woods 100-101 181-186 Introduction and background facts. 101-104 187-193 Fulton's intent. 104-105 194-196 Conclusion and verdicts on Counts 3-7. Incident 4 – attempted murder of RUC Officers at Drumcree – 9/7/1998 105107 197-202 Introduction and background facts. 107-110 203-205 Fulton's admissions. 110-114 206-210 Fulton's defence. 114 211 Verdicts on Counts 14-23. Incident 5 – attempted robbery of Conor McAleavy – 25/10/1996 114-117 212-219 Introduction and background facts. 117-123 220-229 Fulton's admissions. 123-124 230-233 Conclusions. 124-125 234 Verdicts on Counts 24 and 25. Incident 6 – conspiracy to murder Derek Wray and attempted murder of William Fletcher 6/1/1997 125-126 235-238 Introduction and background facts. 126-133 239-245 Fulton's admissions. 133-134 246-249 Conclusions and verdict on Count 29. 135-136 250-254 Conclusion and verdicts on Counts 27 and 28. Incident 7 - punishment shootings of Buchanan, Birney and Doran at Edenderry PS on 3/1/1997 136-137 255-257 Introduction and background facts. 137-142 258-268 Fulton's admissions. 142-144 269-272 Defence submissions. 144 273 Verdicts on Counts 30 to 33. 3 Incident 8 – Hijacking of a Post Office van on 10/7/1996 to be used for a hoax bomb 144-145 274 Introduction and background facts. 145 275 Fulton's admissions. 146 276 Fulton's denials. 146 277 Conclusion and verdicts on Counts 34 and 35. Incident 9 – possession of a .22 pistol with intent to endanger life at the time of the murder of Michael McGoldrick. 146-147 278-279 Introduction, charge and background evidence. 147-148 280-283 Evidence relating to Ex. DE1A (also relevant to Counts 43 and 44 – Incident 13) 148 284 The appearance of the gun. 148-151 285-289 Fulton's admissions. 151-152 290-291 Fulton's defence and defence submissions. 152 292 Conclusion and verdict on Count 36. Incident 13 – Intending to pervert the course of justice and possession of a handgun with intent. 152 293 Introduction. 152-153 294 Fulton's admissions. 153-154 295-297 Fulton's defence, conclusion and verdicts on Counts 43 and 44. Incident 10 – attempted wounding of William Terry with intent to do grievous bodily harm with intent 154-155 298 Introduction and background evidence. 155 299-300 Fulton's admissions and defence. 156 301 Conclusion and verdict on Count 37. Incident 11 – attack on military patrol near Union Street, Portadown on 9/7/1998 156 302 Background evidence. 156-157 303-304 Charges and Fulton's admissions. 157-158 305-306 Conclusion. 158 307 Verdict on Counts 38, 39 and 40. 4 Incident 14 – attempted armed robbery and false imprisonment of the McCrea family in December 1991 158-159 308-309 Background evidence. 159-160 310 Fulton's admissions. 160 311 Conclusion and verdict on Counts 45,46,47,48 and 49. Incident 15 – hijacking and false imprisonment of Mr McCallum in March 1992 160-162 312-316 Background evidence. 162 317-318 Fulton's admissions. 162-163 319 Fulton's denials. 163 320-321 Conclusion and verdicts on Counts 50, 51 and 52. Incident 16 – conspiracy to murder by bombing the Sinn Fein offices in Newry in May 1994 164 322-323 Background evidence and charges. 164-165 324-325 Fulton's admissions. 165-166 326-327 Fulton's denials, conclusion and verdicts on Counts 53, 54 and 55. Incident 17 – conspiracy to rob Martin Phillips in December 1996 166-167 328-329 Background evidence. 167-168 330-333 Fulton's admissions. 168 334 Conclusion and verdict on Count 56. Incident 18 – importing and supplying Class A and Class B drugs in 1998 and 1999 169 335 Background. 169-170 336-337 Fulton's admissions. 171 338 Conclusion and verdicts on Counts 57, 58, 59 and 60. Incident 19 – attack on Mark Fulton on 10/2/1999 5 171-172 339-342 Charges and background evidence. 172-174 343 Fulton's admissions. 174 344-345 Conclusion and verdict on Counts 61 and 62. 12 – Directing the activities of, and membership of, the LVF between 5/6/1997 and 30/9/1999 175-177 346-350 Charges. 177-180 351-357 Admissions. 180-181 358-359 Photographs. 181 360 Denials, conclusion and verdicts on Counts 41 and 42. The case against Gibson 181-185 361-370 General consideration. 185-186 371-372 Gibson's failure to give evidence. 187 373 The absence of corroboration. 187-189 374-375 Denial of access to the spreadsheet. 189-191 376-380 References to alcohol on tapes and quality of tapes. 191-192 381-383 Direct questioning, resiling from earlier admissions etc. 192-194 384-386 Effect of Gibson's previous convictions. 194 387 Gibson's denials. Incident 20 – Withholding information about the shooting of William Fletcher 194-194 388-389 Charges and background. 194-198 390-397 Gibson's admissions. 198 398 Gibson's denials. 198 399 Conclusion and verdict on Count 65. Incident 21 – Murder of Adrian Lamph 199-200 400-404 Background evidence. 200-205 405-415 Admissions. 205-206 416-420 Conclusions and verdicts on Counts 66 and 67. 6 Incident 22 – Conspiracy to place a bomb in Dundalk in 1997 206 421-423 Background evidence and charges. 206-211 424-427 Admissions. 211-212 428-430 Conclusion and verdicts and Counts 70 and 71. Incident 23 – Possession of detonators 212-213 431 Charges and admissions. 213 432-433 Conclusion and verdict on Count 72. Incident 24 – Possession of pipe bombs 213-214 434 Charge and admissions. 214-215 435-438 Conclusions and verdict on Count 73. Incident 25 – Possession of firearms 215-216 439-440 Charge and admissions. 216-217 441-444 Conclusion and verdict on Count 74. 26 – Membership of the LVF 217 445 Charge. 217-224 446-460 Evidence and admissions. 224-225 462 Conclusion and verdict on Count 75. 225 463 Addendum 7 HART J Introduction [1] William James Fulton (Fulton) was born on 25 November 1968 and is now 38. Muriel Gibson (Gibson) was born on 29 September 1949 and is now 57. They are jointly indicted, but separately charged, with a large number of offences allegedly committed in Portadown and the surrounding area between December 1991 and 30 September 1999. In addition Fulton faces a single charge (count 43) of doing an act intending to pervert the course of justice between 1 July and 26 July 2001, that is after he was arrested and whilst in custody. Originally Fulton was charged with 64 counts relating to no fewer than 20 separate incidents or groups of charges, and Gibson was charged with 10 counts, relating to a number of separate incidents or groups of charges.