Man cleared of 'IRA' killing as 71 witnesses saw nothing

The 33-year-old Belfast man was beaten and stabbed to death by a 12-strong mob, the majority of them IRA members, outside a city centre bar.

His five sisters defied threats as they launched an international crusade to put his killers behind bars.

Robert McCartney was beaten and stabbed to death outside a pub

The McCartney sisters, from left to right, Donna, Paula, Catherine, Claire, Gemma spoke after the trial

But after the only man accused of murdering Mr McCartney was acquitted yesterday, his sister Catherine said: 'The blame lies firmly at the feet of Sinn Fein and the IRA.

'From day one they have obstructed and perverted the course of justice and continue to do so.'

Police took 155 statements from people who were in the bar that night and 71 said they witnessed nothing because they were either in the pub toilet - measuring just 4ft x 3ft and later dubbed the 'Tardis' - or were chatting on mobile phones.

Terence Davison was cleared of Mr McCartney's murder

She added: 'We are getting constantly told there is a new Northern Ireland and Sinn Fein are cooperating with the police. We would like to see the results of that.

'Until people feel comfortable, until those witnesses in that bar feel comfortable that Sinn Fein and the IRA are genuine, people will not come forward.'

Mr McCartney's sisters - Paula, Donna, Gemma, Claire and Catherine - whose campaign took them to meet President Bush in the White House - said they were 'disappointed but not surprised' that 51-year-old Terence Davison was cleared.

Paula has said she may need to leave Northern Ireland to avoid running into people she believes are linked to the murder.

Catherine said: 'I believe Robert's murder has become an embarrassment for the British and Irish governments.'

The family had stormed out of Belfast Crown Court after the media was handed the 74-page judgment 15 minutes before the judge, Mr Justice John Gillen, delivered his verdict. But they vowed to fight on, declaring: 'It's not over.'

The killing of Mr McCartney began with an argument in Magennis's bar and ended with him being stabbed to death in the street.

His family said the gang swiftly returned to the bar to ' meticulously' clean away forensic evidence.

Sinn Fein and the IRA denied responsibility, although the IRA did offer to 'shoot' a number of people in connection with the killing.

Joseph Fitzpatrick (left) and James McCormick were acquitted of affray

Neither Davison nor two co-accused went into the witness box during the 19 days of evidence. James McCormick, 39, and Joseph Fitzpatrick, 47, were found not guilty of affray. Fitzpatrick was also acquitted of an assault charge.

Key evidence came from a woman, identified only as Witness C, who was shielded from view in court by a curtain. She told of sitting in her car and seeing a 'white-haired man' kicking Mr McCartney in the head 'with as much power as he could' and taking two or three swipes at him - which the prosecution claimed was the stabbing.

She picked out Davison from an identity parade five months later.

The judge, who sat without a jury, said she was 'transparently honest' and brave, but he was not satisfied beyond reasonable doubt she had seen what she believed she had seen.

He said: 'I considered that it is not without significance that the witness admits facing the miscreant from only 5ft - his right arm was closest to her - and yet still no weapon is observed. She did not see anything in his hand.'

Magennis's pub in Belfast where Mr McCartney was attacked

The judge also asked why there was none of Mr McCartney's blood at the scene where Witness C said he was lying on the ground.

He also raised doubts about evidence from Mr McCartney's friend Ed Gowdy, who admitted in court he could not remember 90 per cent of what happened on the Sunday night of the murder because he had drunk 32 pints over the weekend.

Catherine McCartney said: 'As a lay person sitting in court listening to the evidence, would I have put someone away? No. I wouldn't have, so I can't expect a judge to do so.'

The judge said it was clear ' acrimonious exchanges' had taken place between Mr McCartney and Davison in the bar.

He added: 'The need to ensure that defendants are found guilty only if there is proof beyond a reasonable doubt cannot be sacrificed to genuine and justifiable public concern that miscreants should be brought to justice.'

Davison was bundled into a car outside court without commenting, He was also cleared of affray.

McCartney's partner Bridgeen Hagans (left) visited the White House with his five sisters in 2005