Troubles soldiers face ‘legal discrimination’
Court action by veteran says ex-army members are 54 times more likely to be prosecuted than terrorists
‘I feel like the victim of a witch hunt [by ministers]... that is why I am bringing this judicial review’
SOLDIERS are 54 times more likely to be prosecuted than terrorists over deaths during the Troubles, according to a legal claim lodged in the High Court accusing ministers of discriminating against Army veterans.
The emergency legal action was launched last night by a great-grandfather suffering kidney failure who goes on trial next month over a fatal shooting in Northern Ireland in 1974.
The judicial review of the prosecution of Dennis Hutchings, 78, is deeply
CHIEF REPORTER embarrassing for Boris Johnson and his Government, which has repeatedly promised to end prosecutions of troops over historic allegations where no new evidence has come to light.
In court papers seen by The Daily Telegraph, lawyers for Mr Hutchings argue that veterans are being taken to court “disproportionately” compared to alleged terrorists. “A former soldier is 54 times more likely to be prosecuted than a republican or loyalist terrorist,” says the legal action.
The document alleges that 3,264 deaths were caused by paramilitaries compared to 361 people killed by British troops. Yet it points out that currently six former soldiers are facing prosecution in Northern Ireland compared to just one alleged terrorist.
It also argues that soldiers are still being pursued even after they received written reassurances they would not be prosecuted. In contrast, IRA suspects received so-called “on the run” or “comfort” letters in the wake of the Good Friday Agreement that gave them an effective amnesty.
Mr Hutchings was issued with a letter in 1974 telling him he would not be prosecuted over the death of John Patrick Cunningham, 27, who was shot and killed as he fled an Army patrol in County Tyrone. Mr Cunningham, who had learning difficulties, was shot in the back.
Mr Hutchings was investigated again in 2011 with police, according to the legal documents, concluding “there was no ground for taking any action against any soldier”.
But in 2015, Mr Hutchings, a former member of the Life Guards regiment, was formally charged with attempted murder and the case has been dragging on ever since. His judge-only trial is due to begin on March 9 in Belfast with breaks in the proceedings so that Mr Hutchings can receive kidney dialysis in a local hospital twice a week.
Mr Hutchings, from Cawsand in Cornwall, said yesterday: “I feel terribly let down by the Government. I feel like the victim of a witch hunt and that is why I am bringing this judicial review. I want to challenge this prosecution in the court. I am being discriminated against.”
Ministers have repeatedly promised to end prosecutions of veterans and the legal action cites Boris Johnson’s promise made at Prime Minister’s Questions as recently as January that “nothing... will stop us going ahead with the legislation to ensure that no one who has served in our Armed Forces suffers vexatious or unfair prosecutions for cases that happened many years ago when no new evidence has been provided. We will legislate to ensure that that cannot happen.”
Johnny Mercer, the minister for veterans, reiterated that pledge in a posting on Twitter at the weekend. Mr Mercer, a former Army captain, said: “This Prime Minister has promised legislation to end vexatious and repeated prosecution of veterans without new evidence.
“He tasked me to do it. By 18th March. And we will.” But Matthew
Jury, managing partner at Mccue & Partners, who is bringing the judicial review on behalf of Mr Hutchings, said: “That will be too late for Dennis. Action needs to be taken immediately, which is why he’s applied for an urgent judicial review.
“Dennis doesn’t doubt Mr Mercer’s sincerity but fears his efforts will be strangled by Stormont’s competing political agendas. Troubles veterans have no confidence the Government can deliver. That’s why the courts must intervene and rule on what is demonstrably discriminatory treatment by the Northern Ireland criminal justice system in breach of veterans’ human rights.”
Mr Hutchings is seeking crowdfunding to pay for the judicial review and is seeking to raise £30,000. Details are available at https://www.crowdjustice.com/case/justice4veterans/