Two British soldiers will not be prosecuted in connection with the deaths of two people, including a 14-year-old girl, in Derry in 1971.
The North’s Public Prosecution Service (PPS) announced on Monday that the soldiers, known as Soldier A and Soldier B, would not face charges following police investigations into the separate deaths of Annette McGavigan and William McGreanery.
Ms McGavigan was shot dead as she watched a riot in the Bogside on September 6th, 1971. She had been let out of school early that day because of the disorder and was still wearing her uniform.
Mr McGreanery (41), who managed a local sports shop, was shot by a second soldier in a separate incident on September 14th and died the following day. His family subsequently received an apology from the Ministry of Defence and the UK government.
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Separately on Monday, the solicitor for the McGavigan family said the North’s Attorney General had approved the holding of a fresh inquest into her killing.
The assistant director of the PPS, Martin Hardy, said that in both cases “the available evidence in both cases is insufficient to provide a reasonable prospect of conviction”.
He said both cases faced “significant evidential difficulties arising from the circumstances in which accounts were taken and recorded” and the death of significant witnesses and a failure to conduct effective investigations at the time has undoubtedly hampered more recent investigative efforts and the prosecutorial prospects in these cases.”
In the case of Mr McGreanery, he said prosecutors “were satisfied that the available evidence was capable of proving that Mr McGreanery was unarmed and presented no threat to any soldier”.
“However, the admissible evidence was insufficient to prove that the reported suspect was the soldier known as Soldier A who was responsible for causing Mr McGreanery’s death.
Regarding Ms McGavigan, who he said was “entirely innocent”, prosecutors “could not prove that the reported suspect fired the shots that killed the teenager.
“It also could not be disproved that the shots may have been aimed at a gunman that some witnesses reported seeing, and were therefore fired in lawful self-defence,” he said.
Mr Hardy said he recognised the decisions would be “deeply disappointing to the victims’ families”.
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