Loyalist Stone fails in legal bid
A CROWN court judge presiding over the Michael Stone trial has refused an application to have two charges of attempting to murder the Sinn Fein leadership thrown out of court.
A defence application was lodged to Mr Justice Deeny on Thursday which claimed there was insufficient evidence to proceed with the charges of attempting to murder both Gerry Adams and Martin McGuinness when Stone stormed Stormont on November 24, 2006.
The Judge told Belfast Crown Court that after considering legal submissions, he "considered the Crown has produced evidence which may lead the court, as a tribunal of fact, to conclude....that Michael Anthony Stone had done acts which were more than merely preparatory."
Mr Justice Deeney added: "The final decision on that point awaits the conclusion of the trial but I have applied the tests which are appropriate at this stage and in the circumstances, I reject the application."
He did, however, accept a defence application that Stone (53), of no fixed abode, did not intent to injure security guard Susan Porter, who sustained a fracture to a bone in her hand whilst stopping Stone entering Parliament Buildings via the revolving doors at the entrance.
Stone had been charged with assaulting Ms Porter occasioning her actual bodily harm but after pointing out that she told the trial she sustained the injury at the very start of the incident, the Judge said there was "no satisfactory evidence" to suggest Stone, upon seeing Ms Porter barring his way, forcefully pushed the door with the intention of injuring her.
The Judge, therefore, returned a 'not guilty' verdict on the charge of assaulting Ms Porter.
The trial is due to resume on Monday morning when Stone is expected to give evidence.
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Monday 28 May 2012
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