Post by Frenchie on Mar 25, 2010 0:25:35 GMT 1
Michael Stone knew any attempt to assassinate Sinn Fein leaders was impossible during his attack on Stormont the Court of Appeal has heard.
The loyalist's lawyers claimed his bid to get into Parliament Buildings was the action of "a sad attention-seeker out of touch with reality".
Stone, 54, is seeking to overturn his convictions for trying to murder Gerry Adams and Martin McGuinness in 2006.
Judges heard he put on make-up and dyed his hair before the Stormont trip.
His barrister, Orlando Pownall, acknowledged defence claims that it was an act of performance art may seem "laughable".
But he stressed the frail physical condition of Stone, who now suffers from motor neuropathy and was said to have taken two hours to make the mile-long walk from the gates of Stormont.
Mr Pownall told judges: "What he was claiming he was going to achieve, namely entering into the assembly, the deployment of bombs and then the use of knives to slit the throats of Adams and McGuinness was, although he wasn't prepared to admit it at the time, impossible to achieve.
"He was bluffing it out, boasting. He knew that his intentions as asserted to police were impossible to achieve."
Stone tried to enter Stormont on the day Ian Paisley and Mr McGuinness were due to be nominated as Northern Ireland's First and Deputy First Ministers.
He was armed with knives, an axe, garrotte and a flight bag containing explosive fireworks, flammable liquids, a butane gas canister and fuses.
His trial heard he pointed an imitation gun at a security guard and tried to ignite the bag before throwing it from him.
Stone was jailed in 2008 for 16 years for the attempted murders and other offences including possession of weapons and explosives.
Dressed in a denim jacket and shirt, and flanked by prison guards, he hobbled into court to hear his legal team set out the grounds of appeal.
Melee
When wrestled to the ground by guards at the entrance to Parliament Buildings in November 2006, he was cursing and shouting about Sinn Fein and Mr Paisley, and later made it clear his intention was to assassinate Mr Adams and Mr McGuinness, the court heard.
Mr Pownall said he agreed with an assessment of Stone's actions reportedly made by Northern Ireland's then Chief Constable, Sir Hugh Orde, at the time.
He said: "We submit that the opinion, whether expressed by Sir Hugh Orde or not, accurately described the position - a sad attention seeker out of touch with reality."
A letter addressed to the police chief which Stone lost during the melee was said to reflect his true performance art intentions.
His reasons for not immediately disclosing this motivation was to "milk the situation a little longer", counsel said.
Mr Pownall argued that the loyalist was without his walking stick and could not have climbed the stairs or gone along two passageways into the assembly chamber where his alleged victims were.
"Inevitably he would have had to negotiate the individuals who would have been in the corridors," the barrister said.
"In particular members of the close protection teams seconded to the MLAs and also tip-staff who were situated at various entrances along the way.
"What occurred, namely the kicking of the flight bag with the incendiary device into the lobby area was not sufficient to find an attempt to murder."
He said there had been no attempt to kill the Sinn Fein leaders.
Mr Pownall further questioned why Stone, if planning to murder, would have paused first at pillars outside Stormont to spray graffiti.
His actions had not gone beyond the preparation stage, it was claimed.
Ignited
Crown lawyer, Garry McCrudden, argued that Stone's deeds were essential to carrying out the attempted murder and went further than being preparatory.
He said: "The device had been carefully prepared, it had been transported to the scene, it had been taken into the building and the fuse had been ignited.
"The device itself failed to go off. If it had ignited then who is to say where Mr Stone may have got beyond that."
Mr McCrudden added: "By his actions in lighting the fuse, hoping that would create the diversion and confusion which he desired in order to carry out his intentions he had embarked on the crime proper at that stage."
Lord Chief Justice Sir Declan Morgan, sitting with Lord Justices Higgins and Girvan, reserved judgment in the appeal.
The loyalist's lawyers claimed his bid to get into Parliament Buildings was the action of "a sad attention-seeker out of touch with reality".
Stone, 54, is seeking to overturn his convictions for trying to murder Gerry Adams and Martin McGuinness in 2006.
Judges heard he put on make-up and dyed his hair before the Stormont trip.
His barrister, Orlando Pownall, acknowledged defence claims that it was an act of performance art may seem "laughable".
But he stressed the frail physical condition of Stone, who now suffers from motor neuropathy and was said to have taken two hours to make the mile-long walk from the gates of Stormont.
Mr Pownall told judges: "What he was claiming he was going to achieve, namely entering into the assembly, the deployment of bombs and then the use of knives to slit the throats of Adams and McGuinness was, although he wasn't prepared to admit it at the time, impossible to achieve.
"He was bluffing it out, boasting. He knew that his intentions as asserted to police were impossible to achieve."
Stone tried to enter Stormont on the day Ian Paisley and Mr McGuinness were due to be nominated as Northern Ireland's First and Deputy First Ministers.
He was armed with knives, an axe, garrotte and a flight bag containing explosive fireworks, flammable liquids, a butane gas canister and fuses.
His trial heard he pointed an imitation gun at a security guard and tried to ignite the bag before throwing it from him.
Stone was jailed in 2008 for 16 years for the attempted murders and other offences including possession of weapons and explosives.
Dressed in a denim jacket and shirt, and flanked by prison guards, he hobbled into court to hear his legal team set out the grounds of appeal.
Melee
When wrestled to the ground by guards at the entrance to Parliament Buildings in November 2006, he was cursing and shouting about Sinn Fein and Mr Paisley, and later made it clear his intention was to assassinate Mr Adams and Mr McGuinness, the court heard.
Mr Pownall said he agreed with an assessment of Stone's actions reportedly made by Northern Ireland's then Chief Constable, Sir Hugh Orde, at the time.
He said: "We submit that the opinion, whether expressed by Sir Hugh Orde or not, accurately described the position - a sad attention seeker out of touch with reality."
A letter addressed to the police chief which Stone lost during the melee was said to reflect his true performance art intentions.
His reasons for not immediately disclosing this motivation was to "milk the situation a little longer", counsel said.
Mr Pownall argued that the loyalist was without his walking stick and could not have climbed the stairs or gone along two passageways into the assembly chamber where his alleged victims were.
"Inevitably he would have had to negotiate the individuals who would have been in the corridors," the barrister said.
"In particular members of the close protection teams seconded to the MLAs and also tip-staff who were situated at various entrances along the way.
"What occurred, namely the kicking of the flight bag with the incendiary device into the lobby area was not sufficient to find an attempt to murder."
He said there had been no attempt to kill the Sinn Fein leaders.
Mr Pownall further questioned why Stone, if planning to murder, would have paused first at pillars outside Stormont to spray graffiti.
His actions had not gone beyond the preparation stage, it was claimed.
Ignited
Crown lawyer, Garry McCrudden, argued that Stone's deeds were essential to carrying out the attempted murder and went further than being preparatory.
He said: "The device had been carefully prepared, it had been transported to the scene, it had been taken into the building and the fuse had been ignited.
"The device itself failed to go off. If it had ignited then who is to say where Mr Stone may have got beyond that."
Mr McCrudden added: "By his actions in lighting the fuse, hoping that would create the diversion and confusion which he desired in order to carry out his intentions he had embarked on the crime proper at that stage."
Lord Chief Justice Sir Declan Morgan, sitting with Lord Justices Higgins and Girvan, reserved judgment in the appeal.