Daily Mirror (Northern Ireland)
EX-SOLDIER DEMANDS CLARITY IN SHOOTING HEARING
Lawyer calls for access to evidence
IT would be unfair to deny an ex-soldier potentially implicated in a Troubles-era shooting full access to evidence, his lawyer said yesterday.
Counsel told an inquest the serviceman admitted firing shots but it is uncertain if this was done during the same incident in which Kathleen Thompson died.
The mother-of-six died in disputed circumstances during an Army raid in the Creggan, Derry, in November 1971.
Barrister Joseph Aiken QC told the coroner in Belfast: “What I am asking you to do, on behalf of KTM72 [a code name], is to reconsider that provisional ruling in the light of all that has been said.
“Including that the interested persons presently before you also say, for different reasons, that they agree
KTM72 should be provided with that which he seeks so that, as a matter of fairness, his interests can be properly protected and he can participate on an equal footing, where you are potentially considering that he may have taken someone’s life.”
The former soldier is seeking the status of full participant, meaning he can be legally represented, his lawyer can ask questions of witnesses and have access to the documents before the inquest.
Coroner Mrs Justice Siobhan Keegan has provisionally ruled against giving the full status.
A lawyer told the inquest it could mean having to recall witnesses who have already given evidence, such as ballistics experts, to consider if Ms Thompson could have been shot from KTM72’S position.
Ms Thompson, 47, was shot dead in the back garden of her home
during an Army search operation at a neighbour’s house on Rathlin Drive.
Mr Aiken said it seemed to have been assumed the shot his client said he fired was part of the same incident in which Ms Thompson died – but that may not be the case.
Counsel added another serviceman, Soldier D, has also been suspected of being the “shooter”.
Mr Aiken added: “Where you will be considering whether or not KTM72 and the shots he fired killed Ms Thompson and whether or not, if that were so, the shots are fired and the resulting death were justified or not, that KTM72, who is not represented by the legal team of the MOD, that KTM72 would be not provided with material on whether or not he did kill Ms Thompson but instead be treated as a mere witness, we say cannot be right.”