Thrown to the wolves... again
Ex-soldier, 75, is told he WILL face trial for attempted murder of IRA suspect
A DYING Army veteran will stand trial for the attempted murder of an IRA suspect more than 40 years ago – even though a court ruled the charge should be dropped because of ‘insufficient evidence’.
A judge said in March that there was not enough evidence to show that greatgrandfather Dennis Hutchings, 75, had intended to kill John- Pat Cunningham in Northern Ireland in 1974.
Instead, the retired Warrant Officer – who last year said he had been ‘thrown to the wolves’ over the fatal shooting – was told he would go on trial for attempting to cause grievous bodily harm to the man, who was 27.
But the Northern Ireland Director of Public Prosecutions Barra McGrory has now re- instated the attempted murder charge. He also decided the trial would take place without a jury.
The details emerged during a short hearing at Belfast Crown Court yesterday. The decision is understood to have surprised Mr Hutchings – who has kidney failure and has been given two years to live – and his legal team.
Sir Gerald Howarth, a former Tory defence minister who is stepping down as an MP, said: ‘If a court has already thrown out the attempted murder charge because of a lack of evidence then that should be it.
‘All this leads us to the single conclusion that there is a contemptible determination on the part of some to see a British soldier in the dock at any cost. The Government has got to step in.’
Mr Hutchings was investigated and cleared of the Troubles killing at the time. The ex- soldier, who served 26 years in the Life Guards, was charged after the case was reexamined by a legacy unit set up by the Police Service of Northern Ireland (PSNI).
‘Contemptible determination’
Up to 1,000 retired troops are being investigated as suspects over actions they took decades ago at the height of the IRA’s terror campaign, with growing concerns of a ‘witch-hunt’.
At Armagh magistrates’ court two months ago, District Judge Alan White said he believed there was ‘ample evidence’ from which a jury could conclude Mr Hutchings fired three shots at Mr Cunningham but not enough to show he intended to kill him. If found guilty of attempted grievous bodily harm, the retired soldier could be sentenced to up to 16 years in prison.
Mr Hutchings was part of a military unit which came across Mr Cunningham, whom they believed was an armed IRA suspect, near the village of Benburb.
As he ran away across a field some patrol members opened fire, killing him. It later emerged he was innocent and had a mental age of between six and ten.
Mr Hutchings argues he was acting lawfully and that Mr Cunningham was acting suspiciously, was thought to be hiding a weapon and ignored an order to stop. His trial is expected to take place this year.
Last month a report by the Commons’ defence select committee said that British soldiers who served in Northern Ireland have been left in a ‘morally indefensible limbo’ by the PSNI investigation.
In a scathing paper, the crossparty panel warned that if a line was not drawn ‘urgently’ under the witch-hunt it would ‘grind on for many years’.
A Northern Ireland Public Prosecution Service spokesman said: ‘The prosecution can confirm that the indictment presented at the Crown Court in this case includes the charge of attempted murder. As this case is currently before the courts it would be inappropriate to comment further. All decisions are taken in strict accordance with the PPS Code for Prosecutors.’