Troubles murder trial soldier cites IRA shoot-out in his defence

LAWYERS for a 78-year-old former soldier say his peaceful arrest of an IRA terror cell shows he could not have shot and killed a Northern Irish man a day later.

Revealing for the first time a key part of their defence strategy, lawyers said it was out of character for Dennis Hutchings to have fired the bullet that killed a civilian 45 years ago at the height of The Troubles.

Mr Hutchings, who is suffering heart and kidney failure and undergoing dialysis, has been charged with the attempted murder of John Patrick Cunningham, who was shot and killed as he ran from soldiers in June 1974.

Mr Hutchings, who served in the Life Guards regiment, is facing a judgeonly trial in Northern Ireland under rules introduced to deal with suspected terrorists.

In the absence of a jury that could be prejudiced, Mr Hutchings’s lawyers have gone public over what they say is a critical incident the day before Mr Cunningham, who had learning difficulties, was killed.

Philip Barden, Mr Hutchings’ solicitor, said that 18 hours before Mr Cunningham’s death, Mr Hutchings had chased down six armed terrorists who were arrested and later convicted. He pointed out that the terrorists were captured unhurt, and questioned why Mr Hutchings would the next day shoot an unarmed civilian in the back.

Mr Hutchings has insisted he fired into the air to try to get Mr Cunningham to stop. Another soldier also fired on the day but has since died. Forensic experts do not know who fired the fatal shot.

Mr Barden said: “Dennis Hutchings was an experienced professional soldier. Some 18 hours before Cunningham was shot, Mr Hutchings found himself, with three other soldiers, being fired on by several members of the Provisional IRA. A fire fight ensued.”

Mr Barden went on: “None of the terrorists were shot or otherwise injured, which shows Mr Hutchings’ professionalism and the proportionate use of force in arresting gunmen and bringing them to justice.

“Mr Hutchings denies that he shot Mr Cunningham and the allegation that he shot him is wholly inconsistent with his actions only 18 hours before. Why would a man who had gone to great lengths to lawfully arrest IRA terrorists who had shot at him then fire at Mr Cunningham? This makes no sense.”

Mr Barden pointed out that prosecutors decided not to charge Mr Hutchings in 1975 when the incident was first investigated. Mr Barden said: “Mr Hutchings relied on that decision and did not collect evidence to prove his innocence and now he finds himself having to face up to a criminal trial some 45 years later. Now that the witnesses who could confirm his innocence have died.”

Mr Hutchings, a great-grandfather from Cawsand, Cornwall, was arrested and charged in 2015 and is now awaiting a trial date. He began kidney dialysis earlier this month and has complained that the prosecution has made “my final years a living hell”.

Mr Cunningham’s family welcomed the judge-only trial. Lawyers representing the family have said: “This will be a fair trial before a judge and will be about justice not retribution.”

This week the row over whether veterans should be treated differently by the courts to IRA terrorists reignited when Tory leadership hopeful Jeremy Hunt suggested they should be treated “the same”.