Court archives to be checked in bid to overturn convictions of 'Castlewellan Three' who were convicted of murder of Catholic teenager

Lady Chief Justice Dame Siobhan Keegan issued a request to make checks at the Public Records Office as part of a legal bid to overturn the convictions of George Kirkpatrick and brothers Eric and Cyril Cullen.

Known as the Castlewellan Three, they were jailed for the sectarian murder of Francis Rice in the Co Down town in May 1975. The 17-year-old victim was abducted and stabbed to death before his body was dumped in a laneway.

His killing was claimed by the Protestant Action Force - a cover name for the Ulster Volunteer Force.

In 1981, Kirkpatrick and the Cullens were found guilty of kidnapping, falsely imprisoning and murdering the teenager. Their trial at Belfast City Commission centred around disputed admissions allegedly made during police interviews.

The trio always claimed false confessions were extracted from them due to misconduct by RUC officers.

Even though George Kirkpatrick and Cyril Cullen have both since died, the safety of all three men’s convictions is set to come under fresh scrutiny.

A body which examines potential miscarriages of justice has questioned the credibility of some police officers involved in the interview process.

According to the Criminal Cases Review Commission (CCRC), the same members of the RUC were criticised by the judiciary for rewriting interview notes used to convict four other men of a separate Troubles-era murder.

Believing the credibility of those officers to be “substantially weakened”, the CCRC has referred the convictions of the Castlewellan Three to the Court of Appeal. The challenge has been listed for a full hearing in January next year.

But at a preliminary review today it emerged that full transcripts of the evidence given by the defendants at their trial 42 years ago has not yet been obtained.

Lawyers are seeking the material for a full understanding of the accounts provided by the three men.

“The court doesn’t want to be faced with a gap,” Dame Siobhan stressed.

She told defence and prosecution representatives: “I will issue the request to the Public Records Office for the transcripts agreed by all of you.”

With any retrieved documents expected to require examination by a qualified court stenographer, the Chief Justice expressed concern about completing the process in time for the scheduled appeal hearing.

Adjourning the case to next month for a further review, she added: “It will depend on how much material there is, and if it all has to be transcribed.”