'In his case and his case alone, I find that the exclusion of the attribution evidence has had a fatal affect at this stage in the prosecution case.'
A Belfast man was cleared of terrorist charges arising from an M15 bugging operation in a park in Lurgan.
The charges faced by the trio arose following a gun attack on a police convoy in the Ardoyne area of north Belfast on December 5, 2013. Fitzsimons, from Dunmore Mews in Belfast and McCrory, from Sliabh Dubh View in the city, were also charged with and denied attempting to murder police in the convoy, and possessing the two AK47 assault rifles and ammunition used in the gun attack.
This evidence regarded the attribution of words on police transcripts which officers said were spoken by the three accused but which was deemed "fundamentally flawed" and excluded by the trial judge.The Judge said he had carefully considered all the evidence - including the audio secretly recorded in Lurgan Park on December 6, 2013 which he said was "entirely authentic" and which recorded a number of men discussing "what is clearly terrorist activity.
He added: "Having listened to the audio recording again, I have concluded that I just cannot make out with confident finding there is any reference to Mr McCrory or to his name in that audio.
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