Decision not to prosecute Soldier F for Bloody Sunday murders has been quashed

Bloody Sunday Derry 1972
Support us and go ad-free

A decision by the Public Prosecution Service (PPS) to discontinue a murder prosecution of Soldier F for two deaths on Bloody Sunday in Derry in 1972 has been quashed at the High Court in Belfast.

Delivering the ruling, Lady Chief Justice Siobhan McKeegan said the decision by the PPS not to continue the prosecution “crossed the threshold of irrationality”.

Case collapsed

The PPS announced last year it was discontinuing the prosecution of Soldier F for the murders of James Wray and William McKinney. This came amid concerns the case could collapse in light of a separate court ruling on the admissibility of evidence which caused the collapse of another Troubles (name for the 30-year conflict in Ireland) murder trial involving two military veterans.

The McKinney family then launched a judicial review to challenge the PPS decision.

Bloody Sunday 50th anniversary
Flowers at a Bloody Sunday memorial (Brian Lawless/PA)

Campaigners react

Following the High Court decision, campaigners expressed their delight while also acknowledging there’s still some way to go. They restated that their quest for justice will continue:

Read on...

“There has already been considerable delay”

Delivering the verdict on Wednesday, the Lady Chief Justice said:

We consider that the decision crosses the threshold of irrationality where it simply does not add up, or in other words there is an error of reasoning which robs the decision of logic.

It follows that the matter should remain with the PPS to reconsider the decision.

There has already been considerable delay in the criminal process and so it may be that the swiftest and most effective course is actually for the district judge to be asked to rule on the admissibility issue in the first instance.

It may be that public confidence in the interests of justice are best served by a definitive judicial determination on this issue by a court properly seized of the merits.

The PPS will now have to decide on the next steps.

However, judicial reviews taken by a number of other Bloody Sunday families to challenge the PPS not to take prosecutions against five other veterans were dismissed by the court. The Lady Chief Justice said she considered there was “no error in law” in these decisions.

Bloody Sunday was one of the darkest days in the North of Ireland’s history. British soldiers shot dead 13 civil rights protesters in the Bogside area of Derry with a 14th person dying four months later.

Featured image via – History is Happening/YouTube Screengrab On Demand News – YouTube screengrab

We know everyone is suffering under the Tories - but the Canary is a vital weapon in our fight back, and we need your support

The Canary Workers’ Co-op knows life is hard. The Tories are waging a class war against us we’re all having to fight. But like trade unions and community organising, truly independent working-class media is a vital weapon in our armoury.

The Canary doesn’t have the budget of the corporate media. In fact, our income is over 1,000 times less than the Guardian’s. What we do have is a radical agenda that disrupts power and amplifies marginalised communities. But we can only do this with our readers’ support.

So please, help us continue to spread messages of resistance and hope. Even the smallest donation would mean the world to us.

Support us