Double-murder trial delayed

A SECURITY contractor accused of murdering two colleagues in Iraq will have to wait until next month to find out his fate.

The trial of Danny Fitzsimons (30), from Middleton, has been adjourned to February 20 to allow the court to consider his mental state at the time of the shooting in August, 2009. He could receive the death penalty if convicted of murder.

He is the first Westerner to be tried by an Iraqi court since the start of the Iraq war nearly eight years ago.

Fitzsimons, whose parents are teachers in Hollinwood, told a three–judge panel that he was acting in self–defence when he shot his ArmorGroup colleagues Paul McGuigan, from Scotland, and Australian Darren Hoare, claiming that they had threatened to kill him after a whisky–fuelled brawl in Baghdad's Green Zone.

His account has been disputed by Mr McGuigan's fiancee Nicci Prestage (37).

Fitzsimons told the court he was held at gunpoint by former Royal Marine Mr McGuigan, 37, while Mr Hoare pushed him to the ground.

He said: “I was seconds away from my death so I pulled my pistol. I shouted twice (for Mr McGuigan) to put down the weapon. He didn't respond to my commands, my requests, so I made a decision. I shot him twice in the chest.”

Fitzsimons said he fired a third shot in Mr McGuigan’s face, and got into a wrestling match with Mr Hoare.

Mr Hoare “was trying to push the pistol to my throat to kill me — and while we were wrestling I fired two shots in the chest,” Fitzsimons said. “I made the decision and pulled the trigger.”

Fitzsimons fled the scene and was running towards the British Embassy when an Iraqi guard who was at a guard post pointed his rifle at him and asked him to stop. Fitzsimons shot him in his left thigh.

He is charged with two counts of murder and attempting to kill the guard.

Fitzsimons pleaded not guilty to the killings but asked the judges to consider a plea agreement that would convict him on lesser manslaughter charges.

Iraqi law requires defendants to enter their formal pleas at the end of the trial.

Fitzsimons repeatedly asked the judges to let him talk about his mental condition after being diagnosed with post–traumatic stress disorder by an Iraqi medical committee.

The judges refused, saying they were well aware of Fitzsimons’ condition.

Fitzsimons, who was brought up in New Moston, is the son of former Oldham rugby league player and St Anne’s coach Eric Fitzsimons who now lives in Rochdale with Danny’s stepmum Liz. They are both PE teachers at New Bridge School, Hollinwood.

The ex–soldier’s family says he is suffering from post–traumatic stress disorder as a result of his experiences serving with the Army in the former Yugoslavia and as a private security guard in Iraq. They believe he should be brought home so he can serve any sentence, if convicted, in Britain.

Ms Prestage said the adjournment would cause her further agony.

The case has already been delayed several times while the judges consider whether to allow Fitzsimons' previous diagnosis to be allowed into evidence.

She said: “It is both frustrating and upsetting to hear there will be yet another delay before we have the outcome of the trial. People have no idea of the agony victims and their families go through at times like this.”