Mark Kincaid

Mark Kincaid from Ballybeen, near Belfast, Northern Ireland, was convicted of the murder of hospital porter David Hamilton, 40, because his fingerprint was found on broken glass close to the victim's body, in the victim's flat.
Mark, who was aged 26 at the time of his conviction on 30 November 2007, had been to a party in the flat some weeks previously, but said he had not returned since then, and, as the judge acknowledged, had no motive to murder.
His co-defendants were William Anderson, 25' and Gareth Anderson, 24. Sentencing them to life imprisonment, Downpatrick Crown Court judge Mr Justice Hart, sitting in Belfast,said he would not distinguish between the men, because no reason for the attack has ever been established or put forward given that each of the accused maintained their denials that they took part in the attack or were even at Mr Hamilton's flat.
This is presumably yet another case in which convictions were obtained through use of the joint enterprise law (see Joint Enterprise: Not Guilty by association at http://www.innocent.org.uk/JointEnterprise/jointenterprise.html#je ).

Flat killers must serve 16 years BBC 30 November 2007

Pair fail in appeal attempt BBC 15 December 2009

Northern Ireland First Minister Peter Robinson visits Mark Kincaid in prison BBC 10 March 2011
Mr Robinson said he believed there were a number of features about the case "which would make one uneasy about the verdict and make you look at it again."

"I think ultimately that would be a matter for the court but I think there are sufficient issues in this case to cause the criminal case review commission to look at it again."

Kincaid's mother, Ellen Foulis, has held several rallies to protest her son's innocence. "I can't go into a whole lot of detail about what has been recovered but the new solicitor has recovered new evidence and that is why it is allowed back to the CCRC," she said.

Mrs Foulis has attended meetings of INNOCENT to seek our help with the case. Unfortunately it is difficult for INNOCENT to help with a case from Ireland.

Mark is in Maghaberry Prison, Old Road, Ballinderry Upper, LISBURN BT28 2PT