Soil sample evidence rejected
Evidence from soil samples which the prosecution said links Colin to the attack at Massereene army base in Antrim will not be admitted to court, a judge has ruled.
Mr Justice Anthony Hart said it would be prejudicial to the defence if reports from Dr Patricia Wiltshire were admitted without her being present. She is unable to attend for cross-examination because of ill-health but there is expert evidence which contradicts her findings.
The method analyses soil samples found at the scene and tries to link them to the accused. It included material taken from vehicle wheel arches, which may have accumulated over many years.
Dr Wiltshire examined soil samples and fungal spores from Colin's boots, a holdall and other items recovered by investigators. Material was also taken from the accelerator, brake and clutch of the car believed to have been used as a getaway, a Vauxhall Cavalier, as well as its footwells and wheel arches. She also examined matted organic material from the mat of the Cavalier and vegetation was taken from inside the holdall.
The defence has several expert witnesses who contradict Dr Wiltshire's reports.
Judge Hart told Belfast Crown Court sitting at Antrim: "I am satisfied that to admit Dr Wiltshire's reports without her being present to give evidence would result in a situation where the defence would be irredeemably and significantly disadvantaged by not being able to press her on all those matters that are clearly at issue."
The defence teams have started their submissions in the case.
The defence barrister for Colin has said the evidence against him is so tenuous no jury could convict on it.
Barry McDonald said the only evidence against Colin was DNA on a latex glove tip and a mixed DNA profile on a seatbelt buckle in the alleged getaway car.
There is no evidence, he said, as to when it was deposited there.
Mr McDonald said the court had heard evidence that the gunman who escaped in the passenger seat of the getaway car - which allegedly contained Mr Duffy's DNA on the seatbelt - was left-handed and over 6ft tall, while Mr Duffy is right-handed and under 6ft.
He said the crown was not in a position to give Mr Duffy any role in the attack.
Earlier, the court heard that Mr Duffy's wife told arresting police that he had not been out on the weekend of the Massereene murders.
The trial also heard details of the two accused's police interviews.
A detective constable agreed Mr Shivers had denied involvement in the attack or of being in an illegal organisation.
The court heard when questions were put to Mr Shivers, he regularly made no comment.
He told police he had been at home on the night of the killings with his girlfriend.
When it was put to him that his DNA was found in the alleged getaway car, he said if it was his, he didn't understand how it would have got there.