Bloody Sunday: PPS to conduct fresh Soldier F case review
- Published
Thirteen people were shot dead and at least 15 others injured during a civil rights demonstration in Londonderry on 30 January 1972
The Public Prosecution Service (PPS) will conduct a fresh review into the case of Soldier F, who has been charged with two murders on Bloody Sunday.
It comes after it lost a bid for a Supreme Court appeal to a court ruling quashing its decision to discontinue proceedings against the soldier.
That bid was rejected in the High Court in Belfast on Tuesday.
Bloody Sunday families have called for the Soldier F case to recommence immediately.
The PPS said it "will aim to confirm the outcome of the review as soon as possible".
It added: "We acknowledge the frustration of the families directly involved in the prosecution of Soldier F to date."
On Tuesday, a legal bid by families of other Bloody Sunday victims seeking the prosecution of three more soldiers was also turned down by the same court.
The families wanted permission to appeal to the Supreme Court over a decision that the soldiers would not go to trial over six deaths.
Lady Chief Justice Dame Siobhan Keegan identified no points of law of general public importance requiring consideration by the Supreme Court.
Thirteen people were shot dead and at least 15 others injured during a civil rights demonstration in Londonderry in 1972, a day that became known as Bloody Sunday.
In 2010, the Saville Inquiry into events on Bloody Sunday established the innocence of all of those who died.
James Wray and William McKinney were among 13 people shot dead at a civil rights march
In 2019 the PPS announced that one former serviceman - Soldier F - would face murder charges over the deaths of James Wray and William McKinney, as well as attempted murder charges over the wounding of four others.
But the PPS decided not to bring charges against any other soldiers.
Several victims' families challenged the decision not to prosecute five of the former members of the Parachute Regiment.
Then, in July 2021, the PPS announced Soldier F would no longer face trial.
The case against him was reviewed following the collapse of separate criminal proceedings against two other military veterans for Troubles-era offences.
Based on an assessment of the admissibility of evidence from the time, it was concluded that the test for prosecution was no longer met.
Families 'deserve PPS determination'
The PPS said it was now conducting the review because there "can be no further appeal" against the quashing of its decision to drop the case, which was handed down by the High Court in Belfast in March.
Speaking after the PPS lost its legal bid to take the issue to the Supreme Court, Mr McKinney's brother said the prosecution of Soldier F must now continue.
"The PPS has taken no steps in the five and a half months since the court delivered judgment in March quashing as irrational the PPS decision to halt the criminal proceedings," said Mickey McKinney.
"We deserve to see desire and determination on the part of the PPS in securing Soldier F's return for trial to the Crown Court."
In March, High Court judges quashed the decision to discontinue the case against Soldier F and directed the PPS to reconsider its determination.
They also dismissed separate challenges to the PPS deciding against prosecuting other retired servicemen.
The High Court has now refused the victims' and the PPS's bids to have those decisions reviewed by the Supreme Court.
Dame Siobhan stressed that the cases were decided on the facts, specific circumstances and the test for prosecution.
Refusing the applications, she said: "The public interest in the incidents giving rise to the litigation does not render the legal issues involved points of law of general public importance or such points which ought to be considered by the Supreme Court."
- Published27 January 2022
