Daily Mirror (Northern Ireland)
Ex-soldier’s trial for kill bid on ‘vulnerable man’
Accused, 80, also denies GBH linked to 1974 tragedy
A FORMER soldier went on trial yesterday accused of the attempted murder of an “vulnerable man” said to have “the mind of a child”.
Dennis Hutchings, 80, denies attempting to murder John Patrick Cunningham, and “unlawfully and maliciously attempting to cause him grievous bodily harm”.
The 27-year-old, who had a fear of uniforms and was said to have “the mind of a child”, was shot dead near in a field near Benburb, Co Tyrone, in 1974.
Mr Justice O’hara, sitting without a jury, will sit only three days on each of the four weeks it is expected to last to allow Hutchings, diagnosed as suffering from an incurable kidney disease, to receive treatment.
Prosecutor Charles Maccreanor said the shooting went beyond the Army’s rules for the use of “lethal force”. He accepted the case was circumstantial and he was not facing a murder charge as there was “no forensic evidence to identify which bullets struck” the victim as they were “never recovered”.
It was also revealed yesterday much of the evidence from the original investigation will be challenged by the defence on the grounds it is “hearsay” from witnesses who are now deceased.
In the public gallery relatives of Mr Cunningham heard Mr Maccreanor say their uncle was a man known locally “as in need of special care”.
He further revealed if he was confronted by soldiers he was “likely to run and hide”, which he did.
Counsel said troops described Mr Cunningham as appearing “startled” as if he’d “been caught doing something”. One soldier also claimed as he ran off Mr
Cunningham put his arm inside his jacket, before drawing it again.
The court heard Hutchings, from Cornwall, the front seat passenger in the lead Land Rover, gave chase and at one point was no more that 10ft from the man. Other soldiers say they heard their patrol leader shout a warning, “halt”, but he continued to run before shots rang out. The Tyrone man was hit by two or three bullets. The fatal round struck him in the left back.
Mr Maccreanor added: “The prosecution case is Mr Cunningham did not pose any threat requiring him to be killed.
“We say the defendant has never explained why he fired repeatedly... or why he’d failed to follow the operating instructions for the use of lethal force.”
He added the accused had a clear view of him running away before deciding to open fire, and the shots were “completely inconsistent with warning shots”.
Mr Maccreanor said there was also an “inference” Hutchings, who was accompanied to court by Tory MP Johnny Mercer, opened fire with his high velocity weapon so there was an “overwhelming case he intended to kill”.
The trial continues.