Pair fail to overturn convictions in stabbing case

Hugh and James McCormick were appealing against being found guilty of the attack on Joseph Henry in July 2011.

But senior judges rejected claims that issues over identification in the case rendered their convictions unsafe.

Mr Henry was hit over the head with a crowbar and stabbed in the neck during the assault outside his home in the Markets area.

Both defendants denied the attempted murder, but were convicted by a jury in 2015.

Hugh McCormick, 51, formerly of Rosevale Street in Belfast, was handed a 15-year sentence.

James McCormick, 47, from Teeling Avenue in Dunmurry and a former brother-in-law of the victim, received a 14-and-a-half-year term.

During their trial Mr Henry said he had been attacked by the brothers after going out for a cigarette.

He recalled hearing a voice asking the whereabouts of his nephew before being hit with the crowbar.

A 12-inch knife was then stuck into his neck.

Mr Henry lost two litres of blood, needed a blood transfusion and remained in hospital for three weeks.

Defence lawyers argued in the Court of Appeal that there was a real possibility he had not seen his assailants.

They also claimed he may have entered into a conspiracy with other members of his family to concoct an account falsely claiming to have recognised the brothers.

In a further ground of challenge, it was contended that an eye-witness account from a passer-by who saw the assault, failed to match the description provided by Mr Henry.

Ruling on the appeal, Lord Justice Weatherup pointed out that it was a recognition case by the victim.

“We are satisfied that the manner in which the trial judge dealt with the issue of identification cannot be faulted,” he said.

“We are left with no sense of unease about the correctness of the verdicts of the jury.

“The applications for leave to appeal against conviction are refused.”