Was in public interest, say prosecutors
“He has been literally dragged before the courts,” he told the BBC.
“Dennis is an honourable man, he wanted to clear his name, he was prepared to go despite the risk to his health but I do think this morning there are serious questions that need to be asked of those who took the decision that it was in the public interest to prosecute this man.”
Sir Jeffrey said Hutchings’ actions had been investigated at the time.
“So it is not a question of this being something new, and therefore the question I have for the PPS is what was the new and compelling evidence that meant it was in the public interest to bring an 80-year-old in ill health on dialysis at severe risk to his health before the courts, and I think that is an entirely valid question that I am entitled to ask this morning,” he said.
The death of Hutchings was raised by Ulster Unionist Party leader Doug Beattie as a matter of the day in the Northern Ireland Assembly yesterday.
Mr Beattie extended his condolences to the families of Hutchings as well as John Pat Cunningham.
He told MLAs that just as the family of Mr Cunningham deserves truth and justice, so does the Hutchings family.
“People need to understand or find out why his case was elevated above all other cases, why his case suddenly ended up at the top of the pile ... and this goes to the heart of some of the issues that we are having to deal with in what is a difficult legacy process which is affecting our present here now,” he said. “That is something we do have to look into, it is something that we do need to examine, to be fair to the family, to understand why this was elevated, we need to understand what was the new evidence which elevated this case and we do need to find out what was in the public interest to bring this case forward.”
Sinn Fein MLA Linda Dillon described the death of Hutchings as a “human tragedy”.
However, she cautioned those criticising the PPS for bringing the case to trial, telling MLAs they are legislators and should not interfere in the judicial process.
“This was a judicial process, it is not for us to interfere in that,” she told MLAs.
SDLP MLA Dolores Kelly told MLAs she disputes claims by some over whether the prosecution was in the public interest.
“I am not aware of the level of evidence but it clearly met the very high threshold set for prosecution by the PPS and that’s why it went to trial,” she said.
Alliance Party MLA Paula Bradshaw said she is concerned at those “playing politics” with the death of Hutchings.
“It is essential to note that decisions on prosecution and fitness to stand trial are matters for the independent PPS and judiciary,” she said.
“They are not matters in which politicians should be involving themselves.”
Meanwhile, TUV leader Jim Allister told MLAs that Hutchings “was needlessly dragged to court from his home and his family in Cornwall, in what had all the appearances of a witch hunt of a former soldier”. generation of servicemen and women who bled and died to keep the peace,” Mr Mercer said.
“I have huge admiration and respect for his resilience, and that of his family and his partner Kim.
“In a nation that is quick to forget the price of the freedoms we enjoy, it was a privilege to be close to him, and I remain fiercely proud of him.”