Inquest clears Troubles veterans of fatally injuring 21-year-old during riot 50 years ago
Masonry thrown as missile more likely to have led to man’s death than rubber bullet, rules coroner
SOLDIERS under investigation over the shooting of a man in Northern Ireland almost 50 years ago were cleared of wrongdoing yesterday after a coroner ruled he likely died as a result of being hit by flying masonry.
It had always been believed that Thomas Friel, 21, had died from head injuries caused by a rubber bullet during rioting in Londonderry in May 1973.
But a fresh inquest concluded he was probably hit by masonry, thrown as a missile, causing him to fall to the ground, striking his head and causing brain damage. Friel, said to have been “highly intoxicated”, died in hospital four days later.
The inquest had heard that British troops had been given orders to fire baton rounds after being stoned by youths.
One veteran – identified as Soldier B – after being asked if there was anything he would like to say to Friel’s family, said: “I’m sorry it happened, I wish it hadn’t happened.”
Another veteran – Soldier D – told the inquest that he was being treated for cancer of the liver and kidney and could not recall what orders he had given on the day.
The new inquest was ordered by Northern Ireland’s attorney-general in 2014 after evidence emerged suggesting that the Ministry of Defence knew of the lethal capacity of rubber bullets.
Yesterday, Johnny Mercer, the Conservative MP who quit as defence minister over the ongoing criminal inquiries into veterans who served during the Troubles, said: “These investigations are increasingly looking like a farce. To put these old men through this hell – for what? We are moving from the bizarre to the ridiculous. I’m embarrassed for the justice system in Northern Ireland.”
Joe Mccrisken, the coroner, said yesterday he was “satisfied to the required standard” that Friel had “sustained three separate injuries to his head”.
He explained: “The first injury, to the left side of the forehead, was caused by, in my view on balance, a missile, a piece of masonry, something of that nature during the disturbance. I am satisfied that Thomas Friel was highly intoxicated when he arrived at Creggan Heights... I am satisfied that while in Creggan Heights he was with the crowd who were involved in stoning the Army patrol.
“It is more likely than not that this injury to the front of his head caused him to fall to the ground... I am satisfied it was of sufficient force to cause Thomas Friel to fall to the ground, possibly unconscious, but he fell, struck the left side of his head and face... this accelerated fall on to probably the road surface caused the left-sided fracture of his skull... bleeding and brain damage, to the left and right side.
“There was a third injury to the top of the skull, perhaps caused by a fall or perhaps caused by a missile.”
Mr Mccrisken said the scene was likely to have been “fast paced, frenzied and chaotic”.
He added: “At least two, and probably more than two, rubber batons were discharged, striking at least two people.
“I am not persuaded based upon the evidence that I have heard that Thomas
‘These investigations are increasingly looking like a farce. To put these old men through hell – for what?’
Friel was struck with a rubber baton round.
“It is, of course, possible that he may have been, but I do not consider this as the most likely scenario based on the evidence which I have heard.”
The coroner described a local background of “savage violence” as “essential to understand what happened”.
He added: “The passage of such a period of time is bound to have affected the recollections of those who witnessed and participated in the events of the tragic night.”
The coroner recognised the “resolve and determination” of the Friel family, waiting almost 50 years for another inquest into the death.
Friel’s family, who long campaigned for a fresh inquest, contend he was injured by a rubber bullet fired by a soldier and are being supported by the Pat Finucane Centre, a human rights advocacy group. The centre tweeted that the family will consider the findings.