Ex-soldier jail term appeal over SAS ambush inquest

Soldier F refused to give his account of the incident to an inquest in Northern Ireland

An ex-soldier "involved in planning" an SAS ambush in which three IRA men died is appealing against a jail sentence imposed earlier this week.

The ex-serviceman was cited to give his account of the June 1991 incident in Coagh, County Tyrone, to an inquest in Northern Ireland.

However, he refused, leading to a judge in Edinburgh imposing a six-month jail term on him for contempt of court.

Three men, Peter Ryan, Tony Doris and Lawrence McNally, died in the ambush.

Earlier this year, a judge at Scotland's Court of Session wrote of how the former serviceman, who can only be identified as 'Soldier F', was "involved in planning the operation".

Judge Lady Carmichael also wrote that there was "no dispute" that he was "one of the soldiers on the ground who opened fire".

The men who died were intercepted on 3 June 1991 by SAS soldiers as they drove in a stolen car. The special forces detachment suspected the IRA members were going to murder a member of the security forces.

All three were shot dead in a hail of gunfire.

Lawrence McNally (left), Peter Ryan (centre) and Tony Doris (right) died in the 1991 incident

Previous legal hearings were told that up to 150 rounds were fired during the incident.

'Soldier F' is not the same person as the Soldier F who is facing two charges of murder in relation to Bloody Sunday. He is also different to the ex-serviceman identified as Soldier F who, it was announced earlier this month, faces charges of murder and attempted murder in Belfast in 1972.

Contempt of court

Lawyers for Soldier F in the Coagh case went to the Northern Ireland High Court in July 2023.

They argued that an order made earlier by a coroner compelling him to give evidence should be set aside due to his poor mental health.

However, Madam Justice McBride refused the request, saying the order was justified as Soldier F's evidence was crucial in determining whether lethal force was justified in the Coagh incident.

Despite this, Soldier F did not go to the inquest last year to give evidence, prompting a court to pass an order - called a default certificate - detailing how he did not give evidence.

Lawyers for the the presiding coroner of Northern Ireland - Mr Justice Humphries - went to the Court of Session, the supreme civil court of Scotland, in an effort to pursue Soldier F for his non-attendance in Northern Ireland.

Lady Carmichael then found him in contempt of court for defying the inquiry in Northern Ireland last month.

A number of hearings have been held since the finding of contempt on the matter.

However, reporting restrictions were placed on the case over fears about the soldier's safety if he were placed in custody.

Soldier F's appeal will be heard later this month

The restrictions were removed following a procedural hearing at the Inner House of the Court of Session in Edinburgh on Friday.

Soldier F's legal team are appealing against a decision by Lady Carmichael to impose a six-month jail term on him last Monday.

Passing sentence on Soldier F, who was not present in court at the time, Lady Carmichael said: "I have determined that the appropriate sentence in the case is one of six months imprisonment."

On Friday afternoon, Soldier F's lawyers attempted to have reporting restrictions continued in the case. This would have prevented all media reporting on the action until the conclusion of proceedings.

However, judge Lord Pentland thought it was appropriate to only pass reporting restrictions on Solider F's identity, which must remain secret for security reasons.

The appeal on the matter will be heard later this month.