TWO Scottish soldiers jailed for killing an unarmed teenager in Belfast five years ago may be granted early releases.
Guardsmen James Fisher (27) from Ayr, and Mark Wright (22) from Arbroath, Tayside, admitted shooting Peter McBride (18) but claimed they fired in self-defence as they thought the youth was carrying a "coffee jar" bomb. They were convicted of murder and sentenced to life imprisonment in February 1995.
Their lawyers applied for a judicial review of former secretary of state Lord Mayhew's decision not to refer their case to the Life Sentence Review Board until October.
By then Fisher and Wright, will have served five years in prison, including time on remand, two years longer than Paratrooper Lee Clegg and Private Ian Thain who were also convicted of murdering civilians while on duty.
At last month's hearing Lord Mayhew said in an affidavit Fisher and Wright should serve a "significantly longer term of imprisonment" than Clegg or Thain to reflect their culpability. Mr Justice Girvan said there were a number of shortcomings in the affidavit of Lord Mayhew and added: "I consider that the Secretary of State failed to take into account relevant considerations.
"The decision could not stand even if the Secretary of State had been applying the proper test."
The judge added: "I consider that the Secretary of State applied the wrong test and thus exercised his margin of appreciation on an incorrect basis."
In his reserved judgment yesterday, Mr Justice Girvan said: "Putting all the factors on to the scales the decision-maker may well feel driven to conclude that early release or an early reference to the board would be appropriate.
The judge said it was up to the Northern Secretary, Dr Mo Mowlam, to order early release, subject to consultation with the Lord Chief Justice and trial judge, or refer the case back to the Review Board.