On November 28 2003 Senior Crown
Counsel informed Belfast Laganside court that no further
evidence was to be offered against two south Down
men, Martin Brogan and Mark Carroll.
were pronounced not guilty and freed as a result.
history to their case is that on September 17 2002
Martin Brogan and Mark Carroll were arrested on the
Omeath Road, Newry and charged several days later
with possession of explosives with intent.
men have consistently denied involvement with the
explosives which were uncovered in an abandoned vehicle
close to where they were stopped by police at a road
case against both Martin Brogan and Mark Carroll was
dropped by the Crown because Kevin R Winters &
Co Solicitors discovered through a routine visit to
the forensic science laboratory at Carrickfergus on
October 27 2003 that forensic evidence in the case
linked a British agent who was driving the bomb car
which he admitted in police interviews he had bought
traces of explosives were found on his trousers, shirt,
jacket, right hand and finger nails.
attempt was made to cover up for the agent by instructing
a forensic scientist at FSANI to modify
his forensic report deleting all reference to the
explosive traces discovered.
forensic scientist was also requested to remove crucial
evidence of this cover-up from his file after it became
apparent that Kevin R Winters & Co Solicitors
had discovered it.
protocol was also interfered with in this case whenever
a British army search organisation opened bags in
the exhibits room of Newry police station and rubbed
a gloved hand over the surfaces of the contents, in
this case items of clothing.
the release of Martin Brogan and Mark Carroll, their
story has received considerable media attention despite
the fact that the case was dropped on the second day
of counting in last years Assembly elections.
Police Ombudsman is investigating the implications
of what was discovered on foot of a motion by me that
was unanimously passed by Newry & Mourne District
Insight also broadcast its investigation into the
case on February 23 2004.
third innocent man, Seamus Doherty, remains on remand
at Maghaberry prison having been charged on June 13
2003 as part of the same police operation.
DNA was allegedly found on components of one of the
two booby- trap bombs uncovered in the abandoned vehicle
close to where Martin Brogan and Mark Carroll were
stopped by police at a road checkpoint on September
Doherty has consistently denied involvement with the
explosives and contends that he is the victim of the
same miscarriage of justice as his co-defendants.
Doherty believes his DNA was deliberately planted
by an agent and/or agencies of the state on one of
the two improvised explosive devices.
a prosecution forensic report dated April 25 2003
but only received by Kevin R Winters & Co Solicitors
on June 14 2004, confirms that the British agents
DNA was discovered on the front of the other improvised
this persons DNA was present on the steering
wheel, gearstick knob, handbrake and ignition key
from the abandoned bomb car which he admitted in police
interviews he had bought days earlier.
inevitable conclusion to be drawn from this case and
those of Noel Abernethy and Kevin Murphy et al is
that the same old British agenda is being pursued
against republicans in this new dispensation.
Doherty is an innocent man from a city 100 miles away
from the Omeath Road in Newry.
only real difference between his miscarriage of justice
and that of the Guildford four or Birmingham six is
the passage of time.
support the call of Kevin R Winters & Co Solicitors
for an international public inquiry into each of these
cases and urge others to do likewise.
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