Man walks free from arson charge for fourth time
Editorial Department • Published 9 Feb 2012 13:30
A 20-year-old man accused of carrying out a series of arson attacks on cars belonging to members of the public has walked free from Fermanagh Court for a fourth time.
Michael Carey, of Carnmore Lodge, Cornagrade, Enniskillen, has now faced three trials in relation to different incidents when vehicles were set on fire and has been found not guilty of all the charges. On another occasion the Public Prosecution Service decided not to proceed with the case against him.
His most recent trial took place at Fermanagh Court on Tuesday when the 20-year-old denied setting fire to a Daewoo Lanos at Sycamore Drive in Enniskillen. The car had been broken into, stolen and then set on fire on a playing field beside the owner's home. A rag had been stuffed into the petrol tank and lit.
The chief prosecution witness was a forensic scientist who compared fragments of glass from Carey's clothing with samples allegedly taken from the car and found there was "strong support" for them being a match. However, she accepted that pieces of glass are not unique and there was always the possibility that the pieces recovered from Carey's clothing came from a source other than the car.
However, the prosecution case fell apart when a Crime Scene Investigator conceded that he did not take the sample of glass used in the forensic comparison from the car but from the driveway where it had been parked. He accepted that he did not know where the glass on the driveway came from.
Deputy District Judge Nigel Broderick granted an application by defence barrister, Mr. Des Fahy, and dismissed the charge against Carey. It is the third time he has stood trial for arson and third time he has been found not guilty.
At his first trial Carey denied setting fire to a Seat Arosa, a Renault Clio and a Toyota Corolla, all three arson attacks taking place on December 22, 2009. He was allegedly recognised by a witness but District Judge Mervyn Bates ruled the recognition evidence inadmissible because Carey had not been made aware of it and therefore did not have the opportunity to challenge it. The Public Prosecution Service offered no other evidence and the case was dismissed.
Within a matter of weeks Carey was back in court charged with an arson attack on an Eddis Envoy 320 camper van on September 28, 2010. The charge was withdrawn after the PPS (Public Prosecution Service) decided not to proceed with the case.
Days later Carey was standing in the same courtroom, accused of setting fire to a Vauxhall Corsa and a Citroen Saxo, both of the arson attacks taking place on August 8, 2010.
On that occasion District Judge Liam McNally said he had to be satisfied beyond reasonable doubt of Carey's guilt.
He said it was significant that forensic tests were carried out on Carey's clothing but nothing was found and a police officer discovered nothing on Carey's hands.
Dismissing the case, he stated: "In the circumstances, if there is a doubt, he is entitled to that doubt."
At his third trial on Tuesday of this week Carey was back in the familiar surroundings of Enniskillen Courthouse, accused of setting fire to a green Daewoo Lanos on Wednesday, May 19, 2010.
A policewoman gave evidence that she arrived at Sycamore Drive in Enniskillen around 4.30am to find the car on fire on a football pitch beside the owner's home. As a result of information received Carey was arrested at his home in the area about 11.30am.
Another police officer gave evidence that he seized the clothing Carey was wearing and sent a pair of trainers, jumper, track suit bottoms and a T-shirt for forensic examination.
Mr. Fahy told the court the only evidence purporting to connect Carey to the crime was forensic and the absence of forensic evidence against a co-accused meant the co-accused was not charged in relation to the incident. Carey denied involvement and his clothing was examined for the presence of an accelerant such as petrol but nothing of any significance was found.
A forensic scientist gave evidence that she was told a car had been broken into, stolen and set on fire. She examined Carey's clothing to establish if there was any association between it and the broken windows in the vehicle. She recovered 150 fragments of glass from the track suit bottoms and analysed 10, of which nine matched the sample allegedly taken from the car in terms of their refractive index. Of the nine, three were "indistinguishable" from the sample in terms of their thermal history.
She went on to describe her analysis of fragments taken from a grey hooded top. However, Mr. Fahy pointed out that the police officer did not mention seizing a hooded top and there was therefore no evidence linking it to Carey.
The forensic scientist said she found "strong support" for the supposition that the glass from the track suit bottoms matched the glass sample allegedly taken from the car.
However, she accepted there was always a possibility it came from another source.
A Crime Scene Investigator told the court he took the test sample from a pile of glass on the driveway where he was told the car had been parked.
"Normally we would take the glass from the car but there was none left in it so I had to do the best I could in the circumstances," he explained.
He accepted that he did not know where the glass on the driveway came from.
Mr. Fahy submitted that the "sole and decisive evidence" in the case was the forensic evidence but the forensic expert conceded there was a doubt about where the glass came from and the Crime Scene Investigator conceded that the sample used for comparison was not taken from the vehicle.
The prosecutor said she was surprised to hear that the sample had come from the driveway as it was the PPS's understanding that it was from the passenger foot well of the car.
The Deputy District Judge said he was satisfied this was a case of arson but he could not be satisfied the glass sample used for forensic comparison came from the car.
He dismissed the charge and Carey walked free.
This article appeared in Impartial Reporter 09 Feb 12
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