Government law to stop Bloody Sunday prosecutions comes too late for former paratrooper
A former paratrooper will go on trial accused of two murders on Bloody Sunday more than 50 years ago – despite Government attempts to halt historical prosecutions of soldiers.
The veteran, who is in his mid 70s, was sent for trial following a court hearing in Londonderry on Thursday.
The former paratrooper – who can be identified only as Soldier F, is accused of murdering James Wray and William McKinney when members of his regiment shot dead 13 civil rights protesters in the Bogside area of Londonderry on Jan 30 1972. He is also charged with five attempted murders.
The case will go ahead despite the Government passing legislation in September which is intended to prevent prosecutions of soldiers and paramilitaries provided they cooperate with a new truth and reconciliation commission. The new law – the Northern Ireland Troubles Act – came too late to stop Soldier F’s prosecution because his case was already going through the courts.
Soldier F is likely to be the last veteran dragged through the courts over the Troubles. The trial will take place in Belfast at a date still to be decided.
Bloody Sunday was the most notorious day in the history of the Northern Ireland Troubles, and destroyed any chance of peace for two decades. Thirteen people were killed on the day and another man shot by paratroopers died four months later.
Mickey McKinney, brother of William McKinney, said he welcomed the decision to return Soldier F for trial.
He said: “This development has been a long time in coming. Next month represents the 52nd anniversary of the events of Bloody Sunday. Witnesses are dying and becoming unavailable.”
‘I don’t require any more time’
At the hearing on Thursday, District Judge Ted Magill said after several years of submissions he had had long enough to consider the case. “I don’t require any more time,” he told the court.
Judge Magill also ruled that hearsay evidence from some of the civilian witnesses who are now deceased could be admitted in evidence with one exception where there were inconsistencies in statements.
Soldier was given bail and will appear in court in Belfast in January at a date to be decided.
The Public Prosecution Service for Northern Ireland (PPSNI) had previously dropped the case against Soldier F in 2021, following the collapse of another trial of two veterans known only as Soldier A and Soldier C, who had been accused of the murder of an IRA commander.
But the order to halt proceedings against Soldier F was challenged by Mr McKinney’s family and last year the Divisional Court of the High Court in Belfast overturned the PPSNI’s decision.
Lawyers inside PPSNI then conducted a further review and concluded Soldier F should be prosecuted after all.
The trial risks ratcheting up tensions in Northern Ireland which has not had a functioning devolved assembly for at least six years.
Soldier F was first told he would be charged with murder five years ago in March 2019 and the case has gone back and forth through the courts since then.
‘A very difficult day’
A former colleague from 1 Para, who served with Soldier F in Londonderry on Bloody Sunday and who has since died, told the Telegraph five years ago: “He is some soldier. What a way to treat him 47 years on. It is terrible that he is being singled out.”
But Colum Eastwood, the SDLP leader, said: “My thoughts are with all of the Bloody Sunday families, particularly those of William McKinney and James Wray, on what will be a very difficult day for them.
“Their bravery over the past five decades has been astounding and they have shown great strength in pursuing justice for their loved ones, no matter how many obstacles the establishment put in their way.
“The events of Bloody Sunday have shaped our city and reverberated around the world.
“Rather than be consumed by the events of that day, the families have instead shone as a beacon of hope for oppressed people everywhere.”
