Published Friday, 26 February 2010
The two brothers could receive substantially lower sentences after testifying against nine men charged with murdering UDA chief Tommy English.
Lawyers told Belfast Crown Court judge Mr Justice Hart on Friday that despite "any public distaste" or any misgivings he may have, the brothers' sentences should be cut by more than three quarters given their "exceptional and unique case".
Robert John Stewart, 39, from Ballyearl Court and Ian David Stewart, 35, of Carntall Rise, have pleaded guilty to over 80 charges between them, including involvement in the murder of Tommy English in October 2000.
Prosecuting lawyer David Russell agreed with Mr Justice Hart that normally their crimes would attract sentences in excess of 20 years.
'Credit'
However, he argued that they were due "considerable credit" not only for their guilty pleas, but also for agreeing to give evidence against their former associates.
Mr Russell said that it was "only in the most exceptional cases" where the brothers had signed up to give evidence under the Serious Organised Crime and Police Act of 2005, that substantial reductions in sentence of over three quarters were given.
Defence lawyers Patrick Lyttle QC and Bara McGrory QC further argued that "the circumstances of this case are perhaps so unique and the assistance that has been given proves so considerable that this is a case that must fall into the high end of the scale on any discount (in sentence) to be provided".
Later Mr McGrory said what the brothers were doing was in the interests of society.
"This society has travelled some considerable distance in recent years and if it is to continue to approach normality it is very much in society's interests that this man and with whom he was associated with and against whom he will be giving evidence, are removed from the terror they inflicted on their own community," said the lawyer.
Mr McCrory added it was also important for society to realise that "those others in any other community that might seek to engage in such activities ever again, will receive the message that they may never have henceforth the impunity that they felt they had".
Mr Lyttle QC, for Robert Stewart, also told the court of the added hardships the brothers faced given the path they had taken "to unburden themselves of their criminality".
Both will have only themselves for company while being guarded by a "hand picked and specially trained" group of warders, with their meals being delivered in sealed containers.
And upon their release the "inevitable consequence will be to leave these shores for good, never to return".
Mr Lyttle also revealed that in the meantime they faced "a real and very serious risk to the lives and that risk will remain indefinitely and that risk is extended to their immediate family and indeed wide family and friends".
Mr Justice Hart said he would pass sentence on the brothers "as soon as possible", but fixed no date for the hearing.