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Evidence will remain says judge; TRIAL.

Byline: MICHAEL DONNELLY

THE judge in the Stephen Carroll murder trial yesterday refused a bid to throw out the evidence of a key prosecution witness.

Lord Justice Girvan accepted police had breached the code of practice over the evidence of Witness M. But he ruled they had not acted in bad faith and their decision not to hold an identification parade was not irrational.

Witness M claims to have seen 40-year-old former councillor Brendan McConville, of Glenholme Avenue, Craigavon, Co Armagh, just before the shooting on March 9, 2009.

He denies any involvement in the murder.

Defence QC Brendan Kelly had argued the breach was so serious and adverse to McConville's case it was unfair and should be excluded.

Lord Justice Girvan, in his truncated ruling, said he would explain more fully later his reasons.

CAPTION(S):

KILLED* Stephen Carroll
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Publication:The Mirror (London, England)
Date:Feb 29, 2012
Words:140
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