Soldier on trial over shooting 43 years ago

A JUDGE has thrown out an attempted murder charge against a British Army veteran over the killing of an IRA suspect more than 40 years ago.

But Dennis Hutchings, 75, will still go on trial for attempting to cause grievous bodily harm to John-Pat Cunningham, who was shot dead aged 27 in Northern Ireland in June 1974.

If found guilty, the retired Warrant Officer, who is seriously ill, could be sentenced to up to 16 years in prison.

Sources said Mr Hutchings was relieved a court ordered the attempted murder charge to be dropped because of ‘insufficient evidence’.

But the great-grandfather believes he is being ‘thrown to the wolves’. Mr Hutchings was investigated and cleared of the killing at the time. The ex-soldier, who served 26 years in the Life Guards, was charged after the case was re-examined by a legacy unit set up by the Police Service of Northern Ireland.

Up to 1,000 retired troops are being investigated as suspects over actions they took decades ago at the height of the IRA’s terror campaign, with growing concerns of a ‘witch-hunt’.

Yesterday at Armagh magistrates’ court, District Judge Alan White said he believed there was ‘ample evidence’ from which a jury could conclude Mr Hutchings fired three shots at Mr Cunningham but not enough to show he intended to kill him.

The court heard Mr Hutchings was part of a military unit which came across Mr Cunningham, whom they believed was an armed IRA suspect, near the village of Benburb.

As he ran away across a field some patrol members opened fire, killing him. It later emerged he was innocent and had the mental age of a child between six and ten.

James Lewis, defending, said Mr Hutchings acted lawfully and that Mr Cunningham was acting suspiciously, was thought to be hiding a weapon and ignored an order to stop.

Mr Hutchings’ GBH trial is expected to take place later this year.