Man found not guilty of Frank Kerr murder

A 67-year-old south Armagh man has been found not guilty of the murder of Newry postal worker Frank Kerr during a 1994 IRA robbery of the city's postal sorting office.

The diplock non-jury murder trial of James Seamus Fox of Carewamean Road in Jonesborough began in January 2024. He also faced charges relating to the robbery of £131,000; belonging to a proscribed organisation and possession of firearms.

At the time of 54-year-old Mr Kerr's death the IRA was on ceasefire.

The charges arose in 2019 when police re-examined items connected with the killing, which the prosecution said highlighted DNA connections to Mr Fox.

The defence highlighted perceived shortcomings in scene management, potential contamination of DNA evidence and that eyewitnesses failed to identify Mr Fox as being involved in the raid.

In his judgement Mr Justice Fowler said that although he was satisfied that Mr Fox's DNA had been found inside a cap connected to the crime – this DNA was of a low quality and that it could have gotten there by secondary or even tertiary contact.

He said the defendant does not readily fit the descriptions highlighted by witnesses at the robbery and that he does not believe the DNA evidence proves the prosecution beyond reasonable doubt.

He added that a lack of forensic precautions at the time of the initial investigation gave concern.

There was a full public gallery in Belfast Crown Court to hear this afternoon's judgement.

This included a number of prominent Sinn Féin representatives including Gerry Kelly, Deirdre Hargey, Daire Hughes and Pat Sheehan.

Frank Kerr was shot dead at Newry Postal Sorting Office on Clanrye Avenue on November 10, 1994.

That morning a routine delivery of cash (£232,000) arrived at the office.

Frank Kerr set about counting this money in the registered letter enclosure.

The court heard that at 09:45, a post office van arrived at the gates with a man dressed in post office uniform which said "priority services Belfast".

The van was allowed through the first gate.

At this point, armed men tied up the security guard and his colleague in the security hut. The gang of at least four men were communicating by walkie talkies and they were all wearing post office-style clothing as well as make up, fake tan and glasses.

Staff were detained at gunpoint.

One of the gang made his way to the room where Mr Kerr was working and the court heard that Mr Kerr tried to force the man out of the room.

At today's court sitting Mr Justice Fowler said he had shown courage and fortitude in doing so.

A short time later he was shot through the neck. One of his colleagues was knocked unconscious. When that man awoke he called for help.

By this stage the gang had escaped with £131,000.

Mr Kerr was transferred to hospital but was pronounced dead from his injuries.

At 10:40 that morning a red Renault vehicle was seen by police on the Ballintemple Road beside Killeavy Castle in Meigh, seven miles from the Postal Sorting Office.

Police saw a car parked on the wrong side of the road and they blocked the road.

A man got out of the rear of the car and ran towards Killeavy Castle. Two shots were fired by a police officer but the man escaped.

Two remaining males were apprehended from the vehicle. They were Declan McComish and Kevin Donegan (a relative of Mr Fox) who were convicted in 1996 for assisting an offender.

The vehicle was searched and a post office uniform was found in the rear.

The prosecution had told this trial that there were blood stains on the trousers, blood on the jacket and an anorak that had discharge residue. It was stated that the blood matched Mr Kerr's.

It was the prosecution case that Mr Fox was a member of this gang, an assertion that was based on the DNA analysis of tape lifts and clothing found during the investigation.

They said that this placed Mr Fox as a willing participant who was criminally liable whether he fired the fatal shot or not.

The defence highlighted that none of the postal workers who were at the scene that day identified Mr Fox.

They also raised concerns about how DNA evidence at both scenes was at risk of contamination as a result of how the two scenes were managed back in 1994.

This included questions over the use of PPE and whether the uniform found in the back of the car had been touched or disturbed upon discovery by people not wearing suitable protective clothing.