Eamon Fox and Gary Convie murder weapon recovered from derelict property, trial told

A trial into the murders of two workmen who were shot on a building site in north Belfast heard evidence from paramedics who attended the scene. Evidence was also heard from both police and Army personnel who recovered the murder weapon from a derelict house 11 days after the double murder which was claimed by the UVF. Gary Convie and Eamon Fox were killed on Tuesday May 17, 1994 as they sat in a car during their lunch break.

The electricians were working on a building site in the Tiger's Bay area of the city when the Vauxhall Polo they were in was riddled with bullets fired from a gunman standing in an adjacent children's playground. James Stewart Smyth (57) from Forthriver Link in Belfast is standing trial at Belfast Crown Court on five charges arising from the fatal shooting. As well as denying the murders of Mr Convie and Mr Fox on May 17, 1994 Smyth has denied the attempted murder of a third workman on the same date. He has also denied possessing a Sten sub machine gun and a quantity of ammunition with intent, and of being a member of the UVF. On the second day of the non-jury trial at Belfast Crown Court, statements were read from those who attended the scene in the direct aftermath of the gun attack. An off-duty paramedic was driving along North Queen Street and stopped his car when he observed a crowd gathered at a building site. He approached a parked Vauxhall Polo and saw two men lying outside the vehicle - one beside the driver's door and the other lying beside the passenger's door. In his statement, the off-duty paramedic said he saw "no vital signs of life" from either men. A second paramedic who was on duty on May 17, 1994 said a call was received at 1.21pm about a shooting in the North Queen Street area. He said that after arriving at the scene at 1.25pm, he observed two men lying on the grounds beside a blue Polo showing no signs of life. The statement of a doctor who arrived at the scene at 2pm was also read and he confirmed that after examining both men, he pronounced one dead at 2.07pm and the other at 2.10pm. The bodies of both Mr Convie and Mr Fox were removed from the scene and taken to a morgue where they were identified by a relative of Mr Fox. State pathologist Professor Jack Crane conducted post mortems on the deceased. He confirmed that Mr Convie (24) died from a bullet wound to his chest whilst 41-year old Eamon Fox sustained fatal gunshot wounds to his trunk. Mr Justice O'Hara also heard evidence from both army and police personnel who recovered a sports bag containing the murder weapon from a derelict house at nearby Alexander Park Avenue. The trial has already heard that the weapon was recovered from information provided by Gary Haggarty, who in May 1994 was a senior member of the UVF who had been recruited by Special Branch. A search of the empty property was conducted on May 28, 1994 and a sports bag containing a Sten sub machine gun, a magazine, ammunition, a Barbour jacket, black gloves and a black woollen was located in a kitchen cupboard. A Staff Sergeant from the Royal Engineers who was based in Belfast recalled seeing a weapon in the bag. Expressing concerns it may have been a booby trap, he said he made sure the scene was safe before calling in the ATO (Army Technical Officer). Members of the RUC were also tasked to the scene and when called to the witness box today, a Scenes of Crime Officer recalled bagging the recovered items and placing them into evidence bags. He confirmed the house where the murder weapon was found was "derelict and vandalised" and that a fingerprint searched that was conducted "was negative." A forensic scientist who examined the Sten sub machine gun and spend cartridges recovered from the murder scene also gave evidence. He said that after examining the items, it was "clear in this incident that at least 15 shots were discharged from the gun." In addition, he said he was "satisfied" that the Sten sub machine gun he examined "was used in the fatal shooting." The case continues.

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