Cousins’ appeal to have murder convictions overturned fails

Michael Smith, 41, and David Smith, 35, mounted challenges to being found guilty of the feud-related killing of Stephen Carson in February 2016.

But judges in the Court of Appeal dismissed both cases, with full reasons for their decision to be given at a later date.

Mr Carson was murdered as he ate dinner with his partner and nine-year-old son at their Walmer Street home.

He tried to hide when intruders broke in armed with a sawn-off shotgun, hammer and incapacity spray, but was blasted in the head through a bathroom door.

The killing was said to have been carried out following a long-running vendetta against the victim and his family.

According to the prosecution case Michael Smith fired the fatal shot, while David Smith subdued Mr Caron’s fiancee and son in the living room.

The cousins, both formerly of Monagh Drive in the city, were found guilty of murder at Belfast Crown Court.

The trial judge who ordered them both to serve a minimum 20 years behind bars described it as a cold-blooded killing with the characteristics of a gangland execution.

Appealing the convictions, defence lawyers claimed there had been flaws in the process.

Michael Smith’s solicitor was wrongly denied an opportunity to approve the panel in an identification procedure before it was put to a witness in the case, the Court of Appeal heard.

Frank O’Donoghue QC contended that it amounted to a breach of the relevant code.

In a second ground of challenge, Mr O’Donogue insisted the jury should only have been considering a possible manslaughter conviction against Michael Smith.

David Smith’s legal team argued that prejudicial hearsay evidence featured at the trial.

Following submissions, the three appeal judges, Lord Justice Treacy, Mr Justice O’Hara and Mr Justice Huddleston, rejected both appeals and upheld the guilty verdicts.

A written judgment setting out their reasoning will be handed down in due course.