No lawful basis for vulnerable man who ‘did not pose any threat’ to be shot, trial of army veteran aged 80 is told
The trial of an army veteran over a Troubles shooting will hear overwhelming evidence that he intended to kill an innocent and vulnerable man who posed no threat, a court has heard.
Dennis Hutchings, 80, a former member of the Life Guards, has pleaded not guilty to the attempted murder of John Pat Cunningham in Co Tyrone in 1974. He also denies a count of attempted grievous bodily harm with intent.
Mr Cunningham, a 27-yearold with learning difficulties, was shot dead as he ran away from an army patrol near Benburb.
Hutchings, from Cawsand in Cornwall, wearing a suit with service medals pinned to the left breast, sat in the dock of Belfast Crown Court and listened to proceedings through a headset as the prosecution opened the case against him yesterday.
A niece and nephew of Mr Cunningham watched from the public gallery.
Crown lawyer Charles Mccreanor QC said the victim was a vulnerable adult who had a known fear of soldiers and was liable to run from patrols.
"John Pat Cunningham did not pose any threat that required that he be shot and killed," he said.
Mr Mccreanor claimed that Hutchings had disregarded the army's operating instructions for using lethal force in Northern Ireland when he opened fire with his high velocity rifle as Mr Cunningham ran away from him across a field.
He told judge Mr Justice O'hara that five shots were fired at Mr Cunningham – three from Hutchings' rifle and two from the rifle of a now dead soldier, referred to as Soldier B. The barrister said Mr Cunningham was struck by two or three bullets – the fatal shot entering through his back – but that, as none of the five discharged rounds had been recovered, there was no evidence to prove which soldier had fired the shots that hit him.
He said a lack of ballistics evidence was the reason for Hutchings facing an attempted murder charge.
Mr Mccreanor said Mr Cunningham's doctor had described him as having been born with "incomplete development of the mind", while a local priest said he had the "mind of a child".