Family of veteran who died on trial demand apology over ‘lost’ evidence
THE family of an Army veteran who died while on trial over a Troubles shooting has called on prosecutors to ‘unreservedly apologise’ for bringing charges amid claims police lost key evidence.
Lawyers acting for great-greatgrandfather Dennis Hutchings, who died aged 80 in October, have filed a formal complaint to police and Northern Ireland’s prosecution service insisting he should never have been prosecuted.
Mr Hutchings was accused of the attempted murder of John Pat Cunningham, 27, who was shot dead in the village of Benturb, County Tyrone, in June 1974.
Prosecutors claimed Mr Hutchings and a serviceman known as Soldier B – now dead – both fired their weapons, but they could not prove who fired the fatal shots. This led to the former Life Guards staff sergeant being charged with only attempted murder.
In evidence presented to the court shortly before Mr Hutchings passed away in Belfast, the trial heard that Soldier B had fired ‘tracer’ rounds – which have a small pyrotechnic charge – and Mr Hutchings had not. These bullets would have left chemical residue on field dressings applied to wounds at the time, but this evidence is now presumed lost.
His legal team have suggested this evidence means investigators could have established which bullets killed Mr Cunningham. The complaint says: ‘If the police had lost the key evidence by which this could be determined, that should have been disclosed and the case withdrawn.’
Last night Mr Hutchings’ partner Kim Devonshire said his family is ‘dedicated to proving Dennis innocent’. Northern Ireland Public Prosecution Service said they were ‘confident proceedings against Mr Hutchings, including the disclosure of evidence, were dealt with appropriately’.
A police spokesman said it would be inappropriate to comment.