Bloody Sunday: High Court quashes decision to discontinue Soldier F case
- Published
James Wray and William McKinney were among 13 people shot dead at a civil rights march
The High Court in Belfast has quashed a decision by the Public Prosecution Service (PPS) to discontinue the case against Soldier F, who is accused of two murders on Bloody Sunday in Londonderry in 1972.
It follows a legal challenge brought by the family of one of the victims.
The PPS said in 2021 that it was seeking to drop the case after reviewing the evidence.
But the High Court has said that decision should be reconsidered.
It said it may be for the trial judge to rule on the issue of whether key evidence was admissible or not.
Solider F had been facing trial for the murders of William McKinney and James Wray, plus five counts of attempted murder, in Derry on 30 January 1972.
In response to Wednesday's High Court ruling, the director of the PPS said the team involved in the Soldier F case would "take time to consider the full detail of the written judgement" and "its impact on these proceedings".
Stephen Herron said the PPS would update the district judge and the parties directly involved in the Soldier F prosecution on the outcome of this process "at the earliest opportunity".
"I would like to acknowledge the lasting pain and frustration of the families involved in these judicial review proceedings and their wider campaign for truth and justice," he said.
Thirteen people were killed and 15 wounded on Bloody Sunday
In her ruling earlier on Wednesday, Lady Chief Justice Dame Siobhan Keegan said the PPS must reconsider its decision, which it based on concerns over the admissibility of evidence in the case.
She said: "We consider that the decision crosses the threshold of irrationality where it simply does not add up, or in other words there is an error of reasoning which robs the decision of logic.
"It follows that the matter should remain with the PPS to reconsider the decision".
However, a separate legal bid to overturn the PPS's decision not to prosecute five other soldiers for the deaths of six people on Bloody Sunday failed.
Thirteen people were shot dead and at least 15 others injured when members of the Army's Parachute Regiment opened fire on civil rights demonstrators in the Bogside - a predominantly Catholic part of Derry - on Sunday 30 January 1972.
The day became known as Bloody Sunday.
It is widely regarded as one of the darkest days of the Northern Ireland Troubles.
William McKinney's brother Mickey says there is now an onus on the PPS to reconsider their decision following the High Court ruling
William McKinney's brother Mickey said he was delighted for his own family and for the family of Jim Wray.
"It was with regret that we were forced to bring these proceedings in the first place but the PPS did not engage with us properly in respect of its decision making, but in fact came to Derry last July and presented us with a determination it had already decided upon," he said.
Mr McKinney told BBC Radio Foyle there was now an onus on the PPS to reconsider their decision.
He said the family and their legal team would "wait and see what happens".
James Wray's brother Liam says the decision relating to Soldier F is "another step in trying to get justice"
Liam Wray, who is the brother of James Wray, described the High Court ruling relating to Soldier F as "another step in trying to get justice for Jim and William McKinney and the others wounded".
Mr Wray said he was "disappointed" for some of the other Bloody Sunday families.
Kay Duddy, who is the sister of Jackie Duddy who was also killed on Bloody Sunday, said she was delighted for the families of James Wray and William McKinney.
Kay Duddy's 17-year-old brother Jackie was killed on Bloody Sunday
Solicitor Ciaran Shiels, who represents a number of the Bloody Sunday families, said the PPS must "move immediately to re-institute the proceedings against Soldier F and to secure his committal for trial in the Crown Court".
"The families continue to be vindicated in their long pursuit of justice," he added.
Foyle MP Colum Eastwood welcomed the High Court ruling in relation to Soldier F, but said he was "keenly aware that there are others who will be bitterly disappointed today".
"My thoughts are with the families of Jackie Duddy, Michael Kelly, John Young, Michael McDaid and Bernard McGuigan." Mr Eastwood said.
"I know that they will continue to defend the dignity and memory of their family members."
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