SENTENCING STATEMENTS

On sentencing, Lord Clark said:

Barry Harvey

“Barry Harvey you have been found guilty of the murder of Gary More and the attempted murder of Scott Bennett.

These offences both involved shootings.

Gary More was shot, outside his house, multiple times in the head and body.

Some three months later, Scott Bennett was shot in the head, while sitting in a van.

These were two extremely brutal offences, done because of drug debts owed by the victims.

Each shooting was meticulously planned in advance.

As has been said in this court before, premeditated crimes of violence involving the use of guns are of the utmost concern to the public and the court.

The fact that the sale of drugs in our community causes these appalling acts of violence - planned assassinations of those in debt for drugs - is deeply disturbing.

You have previous convictions, including for assault and attempted murder.

I have had regard to everything said on your behalf this morning by Mr Scullion KC.

I note that you maintain your position that you did not commit these offences but the verdict of the jury is that you did commit them.

I have also read the Victim Impact Statement given by the mother of Gary More, which shows the deeply harrowing impact this murder has had on all of his family.

The sentence for murder is fixed by law and it is life imprisonment.

So, you are sentenced to life imprisonment for the murder of Gary More.

For the attempted murder of Scott Bennett, you are sentenced to 12 years’ imprisonment, to run concurrently with the sentence of life imprisonment.

I require also to fix a period of time, known as the punishment part, which you must serve in custody before your imprisonment can be considered by the Parole Board.

The punishment part which you will serve is 29 years and that takes into account each of the crimes.

This does not mean that your sentence is 29 years.

You are sentenced to life imprisonment and after the punishment part is served it will then be for the Parole Board to determine whether, and if so when, you may ultimately be released and they will have regard to the safety of the public in reaching that decision.

Your sentence is backdated to 16 September 2021 when you were first remanded in custody.”

Thomas Guthrie

“Thomas Guthrie you have been found guilty of the attempted murder of Joseph Shields and the attempted murder of Scott Bennett.

Joseph Shields, who was a solicitor in practice at the time, left his office with a colleague at the end of a working day and was attacked and assaulted. The jury found that was done by you. He was slashed several times on the face and head. The reasons why that attempted murder occurred remain unknown to the court.

As I have said, Scott Bennett was shot in the head, while in his van, and on the evidence the jury concluded that you acted art and part in that attempted murder, which was a pre-planned operation.

These were two very serious separate offences. The second one, as I have already mentioned, arose from drug debts owed by the victim.

You have a number of previous convictions, including for the crime of murder, as well as others involving violence and dishonesty and misuse of drugs.

The fact that you have already been involved in committing a murder, of Gary More, and that you are now guilty of these two attempted murders, is of real concern.

I have had regard to what has been said on your behalf this morning by Mr Ross KC and to the contents of the Criminal Justice Social Work Report (CJSWR), including your age at the time of these offences. I note that you continue to deny committing them.

You are currently serving a life sentence for the murder of Gary More, to which you pled guilty in 2021. That punishment part runs until 21 May 2041.

Had you been convicted of these offences when you were not already serving a life sentence with a lengthy punishment part, I would have sentenced you in cumulo to 18 years’ imprisonment for these two attempted murders.

In imposing the sentence this morning, as a matter of law I am required to take into account the totality of the sentence that you will serve before becoming eligible for consideration for release. In doing so, I take into account the dates when the attempted murders were committed and the timing of the previous indictment to which you pled guilty.

You are therefore sentenced to a further 8 years’ imprisonment.

That period of 8 years will run from the expiry of your current punishment part, that is from 22 May 2041.”

Darren Owen

“Darren Owen you have been found guilty of the murder of Rafal Lyko and the attempted murder of Scott Bennett.

Rafal Lyko was picked up in a stolen car, driven to a park area and shot in the head. The stolen car was then set on fire, with the body of Mr Lyko left inside.

I have already mentioned that in a separate incident, Scott Bennett was shot in the head.

These crimes were pre-planned and you were found guilty of playing a part in each of them.

Again these are extremely grave offences, arising from drug debts owed by the victims.

You have previous convictions, but they are not of any real significance for present purposes.

I have had regard to everything said on your behalf this morning by Mr McConnachie KC. I note that you are now aged 24 and you were aged 18 at the time of the offending. I take into account the Sentencing Young People guideline and what is said in the CJSWR about your personal history and background.

You have experienced a number of adverse childhood experiences and from an early age have been exposed to criminality and negative peer associations, showing some degree of a lack of maturity at the time of these offences.

You say that you did not participate in either of these crimes, but on the evidence the jury concluded that you did commit these offences.

There are Victim Impact Statements from family members of Rafal Lyko and from his partner, showing the profoundly distressing effect this murder has had on them.

The sentence for murder is fixed by law and it is life imprisonment.

So, you are sentenced to life imprisonment for the murder of Rafal Lyko.

For the attempted murder of Scott Bennett, you are sentenced to 9 years imprisonment, to run concurrently with the sentence of life imprisonment.

I must fix a punishment part, which you will serve in custody before your imprisonment can be considered by the parole board.

The punishment part which you will serve is 22 years and that takes into account each of the crimes.

As I have said, this does not mean that your sentence is 22 years.

You are sentenced to life imprisonment and after the punishment part is served it will then be for the parole board to determine whether, and if so when, you may ultimately be released and they will have regard to the safety of the public in reaching that decision.

Your sentence is backdated to 24 May 2022 when you were first remanded in custody.”

20.03.24