Bloody Sunday: Soldier F case withdrawal set for delay
- Published
A brother of a man shot dead on Bloody Sunday has secured High Court consent to challenge the decision to drop murder charges against an Army veteran.
Last week prosecutors announced their decision not to proceed with the case against the veteran known as Soldier F.
The charges were due to be withdrawn in court in Londonderry on Friday.
But on Thursday Michael McKinney was granted leave to seek a judicial review of the determination that Soldier F should not stand trial.
As a result, the Public Prosecution Service (PPS) has said it will ask for the court hearing scheduled for Friday to be adjourned until September.
Thirteen people were killed when members of the Parachute Regiment opened fire on civil rights demonstrators in Derry on 30 January 30 1972.
Soldier F was charged with the murders of William McKinney and James Wray, plus five counts of attempted murder, over the shootings.
Last week the PPS said it had reviewed the case against him and concluded there was "no longer a reasonable prospect" of key evidence against Soldier F being ruled admissible in court.
The decision followed the collapse in May of a trial against two other veterans for Troubles-era offences.
Mr McKinney's claim was the decision by the PPS was legally flawed.
A barrister for the PPS accepted that Mr McKinney had an arguable case on two grounds based on the admissibility of historical statements.
After that concession, High Court judges Mrs Justice Keegan and Mr Justice Horner granted leave to apply for a judicial review.
Mr McKinney, who followed proceedings remotely from a community centre in Derry, said his family was delighted with the outcome.
"This represents a victory today for us and Jim Wray's family and those wounded by Soldier F," he said.
In April the High Court granted permission to the families of five men killed on Bloody Sunday to challenge a decision not to prosecute former soldiers.
The family of another man killed on Bloody Sunday, Bernard McGuigan, has also been granted leave to seek a judicial review against the decision not to charge Soldier F with his murder.
- Published2 July 2021