Loyalist Mark Harbinson acquitted of a gun-related offense

Loyalist Mark Harbinson acquitted of a firearm offense

BelfastTelegraph.co.uk

Lisburn Loyalist, Mark Harbinson, says to himself "overwhelmed with relief" after being innocent of a Crown Court Judge

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https: //www.belfasttelegraph.co.uk/news Mark Harbinson, a Liberal loyalist, said that he was "overflowing with relief" after being cleared by a judge of the Crown Court (Court of Justice). ; Ontario). firearms offenses.

Following a non-jury trial that took place at the Crown Court in Belfast last month, Judge Gordon Kerr reserved the judgment on three charges stemming from a search conducted at the property from Mr. Harbinson to Sheepwalk Road in December 2015

– which was conducted in the absence of Mr. Harbinson – a gun, muffler and ammunition were placed wrapped in yellow rags in a cookie tin Red plastic family circle in a pyre in one of the outbuildings in rural premises

Half a year after the search, and after a three-day trial, Judge Kerr rendered his decision on the trial and acquitted Mr. Harbinson's three charges against him on Monday.

The 51-year-old man from Stoneyford Road in Lisburn, has always denied owning the pistol, silencer and 28 rounds under suspicious circumstances, and possessing both handgun, and ammunition , without holding a certificate of firearms.

In his decision, Kerr J. stated: Considering all the facts, "he could not exclude the possibility that Mr. Harbinson would not be in possession of the objects found in the outhouse, adding that it would be" improper "From him to have a" degree of certainty as to "possession."

After being acquitted of all three charges, Mr. Harbinson stated, "After more than two and a half years, I am overwhelmed by the Emotion that I was finally found not guilty of all the charges against me.

was detained, then on the most restrictive bonding conditions, throughout this period. "I am very grateful to Judge Kerr for the fair trial that he gave me, and especially the judgment establishing my innocence."

Prior to the acquittal, the trial judge set the context for Mr. Harbinson's rural property search on Monday, December 21, 2015, which was the last of a series of similar searches. made by the PSNI that year.

He also noted the subsequent forensic evidence which indicated that if two of Mr. Harbinson's fingerprints were present on the cookie box, the DNA present on the weapon in the box would not did not belong,

a Makarov type pistol, when she testified about the article, a senior scientist said that he was "in pieces" when he arrived at the lab. She also stated at the trial that she had not tested the weapon after determining that it was a handgun, because of her bad state.

After the search of his home, Mr. Harbinson went to England and was arrested in Cumbria 10 days later. , in possession of £ 7,800. When asked about the cookie tin, he first claimed that he had never seen it before. When the fingerprint evidence was presented to him, Harbinson said that someone had to take him home to "hide the object".

The accused also told police that he was away from his home from 2009 to 2013, that someone could have placed the cookie box if it had been found, and that It could have been installed.

When he was called to testify at his trial last month, Mr. Harbinson was asked why he had gone to England after the search. and why he did not go back to Northern Ireland. He replied, "I have absolutely no other explanation than to say that at that time in my life, I had mental health problems, I was suffering from depression and was having a mental health problem. ;anxiety."

"All I can say is that I did not have righteous thoughts and I did not think about the truth … In retrospect now, it was a terrible time in my life. "

From the witness stand, the former UDR soldier categorically denied having knowledge of the cookie tin, its contents and where it was [19659002] In Monday's ruling, Justice Kerr said that he had carefully considered the arguments presented by the Crown and the defense at trial.

Citing the Crown case, Judge Kerr stated that given the remote area and the security measures installed by Mr. Harbinson on his property, it was "unlikely" that anybody everyone else had access to it. He also spoke about Mr. Harbinson's fingerprinting of the cookie tin and Mr. Harbinson's decision to leave Northern Ireland and "escape the police" as a result. of the search, which might suggest a knowledge of what has been discovered.

Justice Kerr also noted the defense record, which included the absence of Mr. Harbinson for four years from his property, three previous "major" searches at his home in 2015 prior to the last search in December , and the DNA on seized objects belonging to someone else.

With respect to previous research, Kerr J. concluded that it was "improbable" that Mr. Harbinson would have hidden such objects in the premises when they had already been searched three times. this year.

the evidence, he could not exclude the reasonable possibility that Mr. Harbinson was not in possession of the objects. For this reason, he said that he found Mr. Harbinson not guilty of all offenses.

After asking the Prison Service if there was "something else" against Mr. Harbinson, and being told that there was nothing, Judge Kerr " Mr. Harbinson replied, "Thank you very much, Your Honor. "

As he left the court, Mr. Harbinson thanked the judge and his legal team, which included lawyers Mark Mulholland and Craig Patton.

adds:" I would ask the public and the press to allow me to pick up the pieces of my life and be allowed to contribute to the entire community of Stoneyford, which is close to my heart. "

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