Ex-soldier will face trial over shooting
Judge rejects bid to halt prosecution
A BID to halt the prosecution of a former soldier over a Troubles shooting has been rejected as controversy raged over whether other veterans should be handed an amnesty.
Dismissing a defence application to stay the prosecution of pensioner Dennis Hutchings, a judge said he was satisfied the defendant could receive a fair trial.
Hutchings, a former member of the Life Guards regiment who is now 77 and in ill health, is charged in relation to the fatal shooting of a man with learning difficulties in Co Armagh in 1974. The development in Belfast Crown Court came a day after Theresa May sparked controversy when she claimed the only people currently being investigated over Troubles incidents were former British security force members.
That claim appears to run contrary to figures published by the police and prosecutors last year.
Her remarks came as some of her backbenchers criticised the UK Government’s apparent failure to include a statute of limitations on security force prosecutions in proposals to deal with Troubles cases in the future.
Hutchings was excused from attending court yesterday as his lawyers’ bid to avert a trial was thrown out.
John Pat Cunningham was killed in disputed circumstances in June 1974.
The 27-year-old was shot in the back as he ran away from an Army patrol.
His family contend he went across a field because he feared men in uniform.
Hutchings, from Cawsand Torpoint in Cornwall, is charged with his attempted murder and attempted grievous bodily harm with intent. He denies the charges. His lawyers had argued the case should be halted on three grounds – unavailability of evidence, a delay in mounting the prosecution and an alleged breach of promise related to an original decision by prosecutors in 1974 not to pursue charges. Mr Justice Colton rejected the application, saying: “In the absence of any statute of limitations I am satisfied that a fair trial is possible.”
A date has not yet been set.
In absence of statute of limitations I am satisfied a fair trial is possible
MR JUSTICE COLTON
BELFAST CROWN COURT