Trial of former paratroopers accused of murdering official IRA leader collapses
Two former paratroopers accused of the murder of an Official IRA leader have been formally acquitted after prosecutors offered no further evidence at their trial.
The veterans' trial at Belfast Crown Court collapsed after the Public Prosecution Service confirmed it would not appeal against a decision by Mr Justice O'hara to exclude statements given by the ex-soldiers about the shooting of Joe Mccann in 1972. It was the first trial in severalyearsthatinvolvedcharges againstformermilitarypersonnel who served in the Northern Ireland conflict.
Decisions to prosecute have been taken in four other cases involving veterans, while decisions are pending in three others.
Theppshasdefendeditsdecision to take the prosecution against soldiers A and C, but has said it will assess whether the judge's ruling will have an impact on the other military cases before the courts.
Mrmccann,24,wasshotdead by paratroopers as he attempted to evade arrest by a plainclothedpoliceofficerinthemarketsareaofbelfastinapril1972.
The trial opened last Monday andheardafulldayofevidence.
It then moved into a separate voir dire hearing to determine whether statements and interviews given by the ex-soldiers, whoarenowintheir70s,would be admissible as evidence.
On Friday, Mr Justice O'hara ruledthatthesoldiers'evidence could not be admitted.
With the PPS having conceded the material was the only evidence before the court that
could be used to prove the soldiers fired at Mr Mccann, its decision not to appeal against the judge's ruling means the case could not proceed.
After the prosecution confirmed it would be presenting no further evidence in the case, judge Mr Justice O'hara told the defendants: "In the circumstances Mr A and C I formally find you not guilty of the charge of murder."
Momentslaterthetwoaccused, dressedinsuitsandties,walked from the court.
After yesterday’s short hearing, lawyers for the soldiers demanded an "urgent independent review" of the PPS'S handling of the case.
Philip Barden, the senior partner at Devonshires solicitors who represented soldiers A and C, said the firm made legal submissions back in 2016
making clear that the evidence from their clients would not be admissible.
"The stress of these proceedings on the soldiers and their families cannot be underestimated," he said.
"This is a prosecution that should never have got off the ground. Before initiating the prosecution, the PPS had all the relevant information to conclude that the evidence was
clearly inadmissible. Despite this, the prosecution proceeded." He added: "I call for an inquiry by a senior judge to investigate the decision-making process and to ensure that the decision to prosecute these veterans was not political."
The family of Mr Mccann are to apply to the Attorney General to open an inquest into his killing.
Speaking outside the court,
solicitor for the family Niall Murphy said: "This ruling does not acquit the State of murder.
"This ruling does not mean that Joe Mccann was not murdered by the British Army.
"Hewasshotinthebackwhilst unarmed, from a distance of 40 metres, posing no threat. It was easiertoarresthimthantomurder him."