Daily Mirror (Northern Ireland)
Lawyer: Hutchings was innocent PPS says its charges were justified
THE lawyer of legacy trial soldier Dennis Hutchings claimed yesterday the Army veteran had “tried to save” John Pat Cunningham’s life.
Philip Barden also said it was another soldier who “fired the fatal shots” that killed the 27-year-old vulnerable adult at a field outside Benburb in 1974.
The assertions came in the wake of a flurry of statements from politicians, lawyers and prosecutors after news emerged Hutchings had passed away on Monday after contracting Covid-19.
The former Life Guardsman had been charged with attempted murder and grevious bodily harm.
Mr Barden said: “Dennis fired one warning shot. Mr Cunningham stopped and turned momentarily. This enabled another soldier to move closer in an attempt to arrest him.
“That soldier thought he was about to produce a weapon and he cocked his rifle, but did not fire.
“Mr Cunningham turned and ran off. Dennis fired two warning shots, as the first had briefly stopped him, in the hope that two more would cause him to halt. At the same time another soldier fired the fatal shots.
“It was Dennis who applied field dressings and tried to save his life. Those are not the actions of a man who had moments before attempted to murder Mr Cunningham as the prosecution allege. In his final moments it was Dennis
who tried to save his life.” Defending the charges, PPS deputy director Michael Agnew said: “The decision was taken after an impartial and independent application of the test for prosecution.
“That requires a consideration of whether the available evidence provides a reasonable prospect of conviction and, if it does, whether prosecution is in the public interest.
“The police investigation resulted in a file submitted to the PPS which included evidence not previously available.
“There were rulings by High Court judges the evidence was sufficient to put Mr Hutchings on trial and the proceedings were not an abuse of process.”
Mr Agnew said the PPS recognised the “concerns in some quarters” in relation to the decision to bring the prosecution.
In a statement on behalf of the Cunningham family issued by KRW Law and the Pat Finucane Centre said the family “wish to acknowledge that this is a difficult time for his [Dennis Cunningham’s] family and they should be given time to grieve”.
It added, however, that it was “important to correct the false and factually inaccurate claims that have been made in the media by some political leaders”.
Among those claims the statement challenged were that “this prosecution was politically motivated and part of a fictitious ‘witch-hunt’ against British soldiers”. It read: “This claim by senior
politicians impugns the professional integrity, independence and impartiality of those involved in the recent investigation and prosecution.
“It is factually inaccurate to claim that the shooting was as the result of a split second decision. Anyone who actually followed the evidence would have been aware of this.
“It is factually inaccurate to claim Dennis Hutchings had been ‘cleared’ in any previous investigation as no proper investigation took place until recently”.
DUP leader Sir Jeffrey Donaldson said:
It is factually incorrect to say Mr Hutchings was cleared in a previous investigation
“I think people are just about fed up of seeing elderly veterans dragged before the courts, trials collapsing for the lack of evidence, people put through a very anxious time, an elderly 80-year-old man already in ill-health, the anxiety this caused for Dennis and his family.
“We are entitled to ask, ‘Why is this happening? Where is the new and compelling evidence in this case? Was it in the public interest to do this?
“Why is the State in the focus? Why are we not getting more cases brought forward based on the actions and the murders carried out by terrorists?” Alliance MP Stephen Farry said the PPS does not undertake cases like Dennis Hutchings’ “lightly”.
He added: “We’ve seen other situations where cases haven’t been taken forward, so the bar is already fairly high for prosecutions going ahead.
“Ultimately we have the check and balance of the court system.”
Asked if politicians should comment about whether evidence is compelling, Mr Farry said: “It is a ANGER difficult place for politicians to enter, and they should do so with great care. “I think last night we saw a very emotional reaction from a whole range of people, some making very disparaging comments around Dennis Hutchings on one side, and others then attacking the entire basis of this case that was taken forward.
“This is a time for people to have cool heads and to look at this rationally.”
Sinn Fein MP Michelle
Gildernew said: “For those people who have questions to ask about his ability to be in court, he was offered the opportunity, my understanding is Dennis Hutchings was offered the opportunity to give his evidence and to tie into the court proceedings virtually, and that option wasn’t taken up.
“So I’m mindful the Hutchings family are grieving today, but the Cunningham family are also grieving, and I want people to remember that there’s more than one family in pain.”