EX-IRA pair facing Bloody Sunday charges
‘Outrageous disparity’ in potential jail terms for ex-terrorists and 18 British troops under investigation
FORMER members of the Official IRA are for the first time facing prosecution over Bloody Sunday – but if convicted will get far shorter jail terms than British troops.
A police file has been passed to prosecutors over the role of an IRA terrorist in the events surrounding the deaths of 13 people during a demonstration in Londonderry in 1972. A file is being prepared on a second IRA militant.
Eighteen British soldiers are already waiting for news on whether they will be charged with a series of offences including murder. Thirteen people were shot dead by soldiers with the Parachute Regiment in one of the worst and earliest atrocities during The Troubles.
Lord Saville, who chaired a lengthy inquiry, called the killings “unjustified” and “unjustifiable”.
It is not clear what offences the IRA members may face – since no other civilians or soldiers were killed or wounded on the day – but paramilitaries were present and shots were fired by them.
But any terrorists – either Republican or Loyalist – who are charged and convicted face a maximum two years in jail under the Good Friday Agreement.
No such deal exists for soldiers or police who face life in prison for murder and attempted murder.
Philip Barden, a solicitor with Devonshires law firm, representing a number of veteran soldiers, said he welcomed the decision to consider prosecuting Official IRA members but said it was grossly unfair they faced more lenient sentences if convicted of the same crimes as former soldiers. Mr Barden said: “Under the Good Friday Agreement, terrorists convicted now will only serve two years. Soldiers do not get that deal. It is an outrageous disparity.”
The disclosure was made in a letter sent by the Public Prosecution Service (PPS) to relatives of Bloody Sunday victims on Sept 19.
The letter states it will take at least six months for prosecutors to decide whether to bring possible charges, including murder, against the former British soldiers.
Mr Barden said that delay was adding further stress for Army veterans, now in their 60s and 70s, who were arrested over Bloody Sunday as long as two years ago.
But the letter also raises the prospect of prosecutions against republicans for their activity. The letter says: “The suspect is not a soldier and is not alleged to have shot any civilian. The file relates to alleged Official IRA activity on Bloody Sunday.”
The Bloody Sunday Inquiry, led by Lord Saville, was the longest and most expensive in UK history.
During the inquiry, former members of the Official IRA – giving evidence anonymously – said the organisation had shot at soldiers very early on in retaliation for the shooting of two of the protesters. They denied that the organisation had fired first on Bloody Sunday. The PPS is also examining eight further files on Bloody Sunday but adds that the file on the Official IRA suspect is brief and should not take a great deal of time to consider.
The Ministry of Defence said that due to ongoing legal proceedings, it was inappropriate to comment.
Det Supt Ian Harrison, from Legacy Investigation Branch of the Police Service of Northern Ireland, said: “We can confirm a number of files have been submitted to the PPS for consideration and as such it would be inappropriate to comment further at this time.”