The Daily Telegraph

Prosecutor­s tried to use 1957 assault against dying Troubles veteran

- By Robert Mendick and Jack Hardy

PROSECUTOR­S attempted to introduce “bad character” evidence against Dennis Hutchings even as the 80-year-old Troubles veteran lay dying of Covid.

Lawyers for Mr Hutchings, who died on Monday night while on trial over a fatal shooting during his time in Northern Ireland, expressed their outrage at an attempt to damage his reputation when he was clearly so seriously ill.

Yesterday campaigner­s called for a “Dennis’s law” to end the so-called witch-hunt of veterans and prevent them being dragged through the courts over deaths during the Troubles.

The Northern Irish prosecutio­n service had wanted a conviction against Mr Hutchings for assault in 1957 – 64 years ago, when he was a teenager – to be used as evidence against him.

Prosecutor­s knew he had contracted Covid because the trial had been suspended for three weeks in the hope he would recover. As Mr Hutchings lay in his hotel room hours before his death in hospital, prosecutor­s made the applicatio­n to the judge at Belfast Crown Court for the conviction to be admitted.

Philip Barden, a partner at Devonshire­s law firm, who represente­d Mr Hutchings, said: “It is spiteful and vexatious that at the time he was dying in his hotel room they decided to do this. They are not interested in justice; they are only interested in revenge.

“While Dennis was ill with Covid in his hotel room, the prosecutio­n made an applicatio­n to adduce before a judge that he had been convicted of assault in 1957 for which he got fined £2 as evidence of bad character.”

Mr Barden, who called the ambulance, kept the informatio­n from the dying man so as not to upset him. “He knew he wasn’t coming back from hospital,” he said. “I could see it in his eyes.”

Mr Hutchings, a great-grandfathe­r, died alone in hospital without his family around him. Kim, his grieving partner, had flown to their home in Cornwall, “never thinking he wouldn’t survive”, Mr Barden said. She asked him to make sure the veteran’s medals, which he wore in court, were safe. She was too upset to comment yesterday. Mr Hutchings, a corporal major in the Life Guards regiment, was cleared of any wrongdoing over the death of John Patrick Cunningham, a 27-year-old man with learning difficulti­es, after the shooting in 1974. The authoritie­s began reinvestig­ating the death in 2011 and he was arrested in 2015 and charged with attempted murder.

He always protested his innocence, insisting he fired warning shots over the head of Cunningham to get him to stop as he ran from troops in a field in Co Armagh. He said another soldier, who has since died, had confessed to firing the fatal shots and the defence team had planned to introduce evidence of “several” witnesses to back that up.

The death of Mr Hutchings is deeply embarrassi­ng for Boris Johnson, who had previously pledged to end the prosecutio­n of NI veterans. It follows the collapse of an earlier trial against two soldiers, known only as A and C, who had been charged with murdering an Official IRA gunman and commander.

Downing Street admitted yesterday that the “tragic” case illustrate­d the problems of pursuing historical allegation­s through the courts and said it wanted to press ahead with legislatio­n to introduce a statute of limitation­s to stop veterans being charged.

The Public Prosecutio­n Service for Northern Ireland declined to comment on its decision to make the court applicatio­n to introduce Mr Hutchings’s 1957 conviction. It said “the decision to prosecute Mr Hutchings for attempted murder was taken after an impartial and independen­t applicatio­n of the Test for Prosecutio­n”. Michael Agnew, the deputy director of public prosecutio­ns, said: “In the course of the proceeding­s there were rulings by High Court judges that the evidence was sufficient to put Mr Hutchings on trial and also that the proceeding­s were not an abuse of process.”

Investigat­ions into allegation­s of abuse by British soldiers in Iraq have closed without any prosecutio­ns, the Defence Secretary said yesterday. Ben Wallace told the Commons in a written statement that the Service Police Legacy Investigat­ions had assessed 1,291 allegation­s since July 2017 but had now “officially closed its doors”.

‘It is spiteful and vexatious that at the time he was dying in his hotel room they decided to do this’

 ?? ?? Dennis Hutchings, 80, was charged with attempted murder in 2015 but always maintained his innocence. He died of Covid on Monday
Dennis Hutchings, 80, was charged with attempted murder in 2015 but always maintained his innocence. He died of Covid on Monday

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