Identity of soldier who shot boy could be revealed

Daniel Hegarty, 15, was shot and killed during Operation Motorman in 1972

The identity of a deceased British soldier who had been accused of murdering a 15-year-old boy in Londonderry more than 50 years ago could be revealed next week, the High Court in Belfast has heard.

Daniel Hegarty was shot on 31 July 1972 during Operation Motorman, the name given to a military operation by the Army to reclaim "no-go areas" set up by republican paramilitaries in towns and cities across Northern Ireland.

The name of Soldier B, who died last year, may now be provided after his relatives mounted no objection to ending his ongoing anonymity.

A solicitor for Daniel Hegarty's sister, Margaret Brady, said it was a major development in her ongoing civil claim for unlawful killing.

The Hegarty family have campaigned for years following Daniel's death

Desmond Doherty described the move as "unprecedented" and said it came as "a great source of solace" for the family.

Speaking to BBC Radio Foyle's North West Today programme, the solicitor said he had informed them in "a very emotional phone call".

"While it is very much welcomed, it is obviously much belated as the case has been going on for 52 years effectively," Mr Doherty said.

"Having dealt with this case for quite a number of years, we have never known or had any inkling of the identity of Soldier B.

"It has taken some time since the death of Soldier B last year, with a lot of work behind the scenes, to get to this point."

Mr Doherty stressed that the Hegarty family "never wished any ill-will on Soldier B's family at any time".

"Even when Soldier B died last year, the Hegarty family offered a Mass for him, so their feelings are quite genuine and I think it is a good thing that his name and identity will now be revealed," he said.

The Ministry of Defence has declined to comment.

A spokesperson said: “Due to ongoing legal proceedings, it would be inappropriate for us to comment at this time.”

In 2011 an inquest jury unanimously found that the teenager posed no risk and had been shot without warning.

His cousin, Christopher Hegarty, was also wounded in the same incident.

The former serviceman, known only as Soldier B, had been facing prosecution for Daniel’s murder.

Criminal proceedings against him were at one stage discontinued after the separate trial of two former paratroopers accused of another Troubles-era killing collapsed.

In June last year, senior judges in Belfast quashed the Public Prosecution Service’s decision to drop the case against Soldier B.

He died two months later, ending any prospect of him ever standing trial.

Ms Brady is now pursuing a civil action against the Ministry of Defence over the alleged unlawful killing of her brother.

Christopher Hegarty is also suing the Ministry of Defence (MoD) in a claim for personal injury damages.

One week timeframe

With counsel for the family pressing to have Soldier B’s identity revealed, relatives of the deceased soldier were consulted about their views on potentially disclosing his name.

David Heraghty KC informed the High Court in Belfast on Thursday that no application had been received to maintain anonymity in the case.

Mr Justice Colton indicated there would no longer be any right to anonymity unless any further application is brought within the next week.

Counsel for the MoD, Mark Robinson KC, also confirmed that contact has been made with the firm acting for Soldier B’s relatives.

“It’s been a difficult course for the family to deal with on the issues, that’s why they have asked for seven days," he said.

Meanwhile, the civil actions have been listed for a trial hearing in January.