Former soldier (75) facing trial over shooting of man with learning difficulties
A RETIRED soldier is to stand trial in connection with a 1974 shooting.
Dennis Hutchings (75) was told by Armagh Magistrates’ Court there was sufficient evidence that could lead a reasonable jury to convict him of attempting to cause grievous bodily harm to John-Pat Cunningham (right).
Mr Cunningham, a 27-year-old with learning difficulties, was shot dead by an Army patrol after he ran away from them close to the village of Benburb in 1974.
Hutchings was charged with attempted murder and attempting to cause grievous bodily harm. Following a preliminary inquiry, a judge yesterday ruled there was insufficient evidence to return him for trial for attempted murder.
However, he was returned for trial for attempting to cause grievous bodily harm. District Judge Alan White said he believed there was “ample evidence” from which a jury could conclude that Hutchings fired three shots at Mr Cunningham.
“When considering the circumstances the soldiers found themselves in and the time they had to reach a decision, I can’t see that any reasonable jury properly directed could find beyond reasonable doubt that the defendant intended to kill the deceased as opposed to causing him grievous bodily harm,” the judge added. “The evidence is sufficient for committal for trial for attempting to cause GBH with intent.”
Hutchings, from New Road, Cawsand, Torpoint in Cornwall, was asked to stand in the dock while the charge was read to him.
Asked if he had anything to say, the defendant replied: “I have nothing to say at this stage.”
The judge agreed to a request to alter Hutchings’ bail conditions so he could go on holiday before his trial. It was agreed his passport could be given back to him to go on the break.
The defendant was returned to Belfast Crown Court for trial on a date yet to be fixed.
The investigation into Hutchings was launched after the Director of Public Prosecutions requested a fresh examination of the circumstances surrounding the shooting.