SAOIRSE32

17/1/2009

‘Interviews flawed’ in McIlveen probe

Irish News
16/01/09

THE interviews of one of those accused of murdering Ballymena schoolboy Michael McIlveen were “oppressive” and sections of them can no longer be relied upon, the murder trial heard yesterday.

The admission came from a detective constable to Antrim Crown Court where five young Ballymena men face charges arising out of the death of the 15-year-old schoolboy who died from head injuries on May 8 2006.

The detective, who helped carry out the majority of the interviews of 18-year-old Christopher Andrew McLeister of Knockeen Crescent, Ballymena, admitted to trial judge Mr Justice Treacy that he was no longer “comfortable with the interviews”.

However, while he accepted that he was “not comfortable with them”, he said he was “still standing over” the remainder of the interviews.

In an earlier exchange with Mr Justice Treacy the officer, having listened to a tape of part of an interview, accepted that he now “considered the interviews were oppressive”.

“Unfortunately yes my lord,” he agreed.

Later he also accepted from the judge that he could not exclude the possibility that some of his comments made to the then schoolboy, “may have added additional pressure on this young man”.

His acceptance came during his cross-examination by Paul Ramsey, QC defending, who also put it to the officer that his “job was to get the evidence and if that meant fair means or foul, then so be it”.

The detective went on to agree that some of the matters put to a young teenager like Mr McLeister were not only “improper and wrong…. but unforgivable”.

“The last bit of tape does not sound good from my point of view I agree,” he answered.

The officer also conceeded that he had destroyed his own personal notes made either before or during the interviews which was in controvention of PSNI force orders.

And he accepted that the special measures set out in the codes of conduct under the Police and Criminal Evidence Order, for the interviewing of juvenile suspects, were ignored in Mr McLeister’s case.

However, he said that while he accepted he “made mistakes in relation to PACE and Mr McLeister… I didn’t deliberately set out to do it”.

On trial with Mr McLeister for murder are: 19-year-old Jeff Colin Lewis of Rossdale, Christopher Francis Kerr (22), Carnduff Drive, and Aaron Cavana Wallace (20), Moat Road, all Ballymena.

A fifth defendant, 18-year-old Paul Edward David Henson of Condiere Avenue, Ballymena, faces charges of affray and criminal damage.

Another accused, 20-year-old Meryvn Wilson Moon, from Douglas Terrace in the town, whom the court heard hit the teenager on the head with a baseball bat, is awaiting sentence having pleaded guilty to the murder.

The hearing continues.

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