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A 67-year-old man from south Armagh, James Seamus Fox of Carewamean Road in Jonesborough, has been acquitted of the murder of Frank Kerr, a postal worker in Newry. The incident occurred during a 1994 IRA robbery at the city’s postal sorting office. Fox faced a diplock non-jury murder trial that began in January 2024, along with charges related to the theft of £131,000, possession of firearms, and involvement with a proscribed organisation.
At the time of the crime, the IRA was reportedly observing a ceasefire. The murder and robbery charges against Fox emerged following a 2019 police review of evidence from the original investigation. The prosecution argued that DNA links connected Fox to the crime. However, the defence challenged the integrity of the evidence, focusing on alleged flaws in scene management, risks of DNA contamination, and the fact that eyewitnesses did not identify Fox during the robbery.
In delivering his verdict, Mr Justice Fowler acknowledged that Fox’s DNA was found inside a cap associated with the crime but emphasized that the DNA evidence was of poor quality and might have been transferred through secondary or tertiary contact. The judge also noted discrepancies between witness descriptions and Fox’s appearance, concluding that the prosecution had not proven guilt beyond a reasonable doubt. He additionally pointed out concerns about the lack of forensic safeguards during the original investigation.
The court hearing took place at Belfast Crown Court in front of a full public gallery, including notable Sinn Féin figures such as Gerry Kelly, Deirdre Hargey, Daire Hughes, and Pat Sheehan. The case revolves around the tragic death of Frank Kerr, who was fatally shot on November 10, 1994, at the Newry Postal Sorting Office on Clanrye Avenue. That day, a routine cash delivery totalling £232,000 had arrived, and Kerr was counting the money when the robbery unfolded.
According to testimony, at 09:45 a van bearing “priority services Belfast” signage pulled up, permitting armed men disguised in post office uniforms and disguises to enter the premises. These assailants tied up security staff at gunpoint and communicated via walkie-talkies. Kerr confronted one of the intruders in the room where he was working, showing “courage and fortitude,” as described by Mr Justice Fowler. Shortly afterward, Kerr was shot in the neck, and despite being rushed to hospital, he succumbed to his injuries. The gang escaped with £131,000.
Later that morning, police located a red Renault outside Killeavy Castle, approximately seven miles from the crime scene. Upon blocking the road, officers attempted to detain the occupants. One man fled toward the castle after two warning shots were fired, while two others—Declan McComish and Kevin Donegan (a relative of Fox)—were captured and later convicted in 1996 of assisting an offender. A post office uniform was discovered inside the vehicle during the search
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