Shaun Hegarty: Police action contributed to double murder, coroner says

Police action or lack of action contributed to the deaths of a man and woman in east Belfast in December 2013, a coroner has ruled.

The inquest heard that Shaun Hegarty should not have been released from police custody days before murdering Caron Smyth and Finbar McGrillen.

The two friends were beaten to death at Ravenhill Court by Ms Smyth's former partner, Hegarty, and another man.

Hegarty, formerly of Grainne House, New Lodge, Belfast, was jailed in 2015.

He was jailed for a minimum of 18 years.

Hegarty was sentenced alongside Ciaran Nugent, formerly of the Simon Community on the Falls Road.

Nugent received at least 14 years in prison.

Hegarty had been arrested for assaulting Ms Smyth and was released in the days before the murders.

He had a criminal record with more than 70 convictions and several allegations of abuse of previous partners.

A Police Ombudsman's report concerning the handling of the case in 2017 found that the police decision making which led to Hegarty's release from custody was flawed.

It also said had a more appropriate course of action been taken by police, it may have reduced the likelihood of what happened.

Family members sought an inquest after that report.

On Monday, Coroner Joe McCrisken said that police did not cause but did contribute to the deaths of Ms Smyth and Mr McGrillen.

Mr Hegarty was on court bail for unrelated matters in early December 2013 and Ms Smyth's had given her address in Drumaness, County Down to the court as his bail address.

On Sunday 8 December, Ms Smyth contacted police to say Hegarty had locked her in her house and assaulted her with a metal bar. She said she had managed to escape and had gone to a relative's house.

When she was interviewed by police she told them she wanted to withdraw her address as Hegarty's court bail address.

The inquest heard that this would have immediately put him in breach of his bail conditions.

He was arrested and brought in to police custody.

Hegarty gave an address in Belfast as his new bail address which, the inquest heard, was not properly checked by police.

Hegarty had an electronic tag at the time and there was no electricity at the property making it inappropriate.

He was released the next day on condition that he did not contact Ms Smyth nor enter Drumaness where she lived.

On 12 December, Mr McGrillen and Ms Smyth were murdered at Mr McGrillen's home in east Belfast.

Mr McCrisken said that Hegarty should not have been released on 9 December.

"Hegarty should never have left Bangor custody suite". "He should have been arrested, detained and brought before a court," he said.

Mr McCrisken added: "The question as to whether this decision to release Hegarty on bail caused or contributed to the deaths is more difficult.

"I would like to think that a court, fully informed about Sean Hegarty's background and risk, would have remanded him into custody on the basis of a risk of reoffending.

"But, somewhat regrettably, I cannot be sure about this."

The coroner also said: "I am satisfied that no-one could have predicted with any degree of certainty that Sean Hegarty would go to a place where Ms Smyth was residing and commit a brutal and horrific double murder.

"By releasing Hegarty on bail I consider that the actions of police, while not causing the deaths, contributed in more than a minimal way to the deaths of Ms Smyth and Mr McGrillen.

"Police actions, or rather lack of police actions, provided Sean Hegarty with the opportunity to commit the murders."

Mr McCrisken also said there were significant systemic issues in police actions and processes which contributed to a situation in which Hegarty was allowed to walk the streets when he should have been brought before court.

In a statement, the Police Service of Northern Ireland said it "acknowledges the comments" of the coroner.

"We will await the written decision and it would be inappropriate to comment further at this time," it said.