A judge has ruled that key evidence against the soldier charged with murder and attempted murder on Bloody Sunday will be admissible in his trial.
Soldier F, a former member of the British army’s elite Parachute Regiment is charged with the murders of James Wray and William McKinney and five counts of attempted murder in Derry on January 30th, 1972. He denies the charges.
Thirteen people were killed when members of the British army’s elite Parachute Regiment opened fire on anti-internment marchers in Derry’s Bogside on what became known as Bloody Sunday. A 14th died later.
Last week Judge Patrick Lynch heard legal arguments about the admissibility of hearsay statements attributed to two other soldiers, G and H, made in the immediate aftermath of Bloody Sunday and to the 1972 Widgery Inquiry.
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Delivering his ruling at Belfast Crown Court on Wednesday, the judge said that the prosecution case, “by their own acknowledgment, is totally dependent on the hearsay statements” of the two former soldiers.
Having “carefully considered the arguments”, he said he had determined they should be admitted into evidence in the case.
Judge Lynch said at this stage it would be “inappropriate” to give reasons for his decision.
“I am not only judge in relation to legal issues but also the tribunal of fact, with the ultimate responsibility of determining guilt or innocence based upon such facts as I decide have been proven to the criminal standard, that is, beyond reasonable doubt,” he said.
“I shall therefore not give reasons at this stage for the admission of the statements but shall do so in due course, if necessary.”
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The trial was adjourned until Friday, with the court expected to hear the remainder of the prosecution evidence – including from those injured on Bloody Sunday – from next week.
Speaking outside the court, solicitor for the Bloody Sunday families, Ciaran Shiels, said they were “very pleased that the judge saw merit in the prosecution’s submissions.
“They welcome very much the judgment and they look forward to the evidence starting to be called.”
Paul Young of the Northern Ireland Veterans’ Movement said the judge’s decision “will be met with great disappointment by the veterans who served in Northern Ireland”.
Soldier F is the first member of the British armed forces to face prosecution for his actions on Bloody Sunday.
He is the subject of a court order protecting his anonymity and cannot be identified.
Additional reporting – PA.
