Daniel Hegarty: PPS loses Soldier B prosecution challenge

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

The Public Prosecution Service (PPS) has lost a legal challenge over its decision not to prosecute a soldier accused of killing a teenager in 1972.

Daniel Hegarty, 15, was shot dead in Londonderry during the Army's Operation Motorman.

The Court of Appeal had quashed the PPS's decision not to prosecute the man, known as 'Soldier B', who died earlier this month.

On Tuesday, a PPS attempt to appeal this was blocked at the High Court.

In a statement, the PPS said it acknowledged the court ruling, which was made by three judges.

"The PPS considered that the Divisional Court judgment in this case raised a number of legal points of general public importance that were still relevant after Soldier B's death and had the potential to affect other cases," it said.

The Hegarty family said the decision by the PPS to appeal felt "like an act of final exquisite cruelty against us"

"Whilst we believed it was important to seek clarity on these legal issues from the court, we acknowledge the continuing pain of the family of Daniel Hegarty throughout the legal process".

Operation Motorman was a major operation by the Army to reclaim "no-go areas" set up by republican paramilitaries in towns and cities across Northern Ireland.

Daniel Hegarty's cousin, Christopher Hegarty, who was 16 at the time, was wounded in the same incident.

In 2019, it was announced that Solider B was to be prosecuted for the murder of Daniel.

The case was then dropped by the Public Prosecution Service (PPS) after a review following the collapse of a separate trial involving two ex-soldiers for Troubles-era offences.

That decision was subsequently quashed by the Court of Appeal in June.