IRA murder trial on brink of collapse

THE landmark trial of two former paratroopers accused of killing an IRA chief could be about to collapse with a judge set to rule today whether crucial evidence can be used against them.

Known only as Soldiers A and C, they are charged with the murder of Official IRA commander Joe McCann, who was shot dead in the markets area of Belfast in 1972 at the height of the Troubles.

The case centres on statements the men gave in the aftermath and again in 2010 to the Police Service of Northern Ireland’s Historical Enquiries Team [HET].

The 1972 interviews, given to the Royal Military Police, have already been ruled ‘comprehensibly inadmissible’ as the veterans were compelled to answer questions, were not placed under caution and did not have access to legal representation.

Counsel for the pair yesterday told Belfast’s Laganside Court the 2010 interviews should also be excluded because they were not cautioned under suspicion of murder nor was any criminal offence alleged.

Soldier C’s barrister added: ‘The HET was not re-interviewing them as suspects. That’s what makes the whole idea this should be admitted completely unfair.’

The only evidence that Soldiers A and C fired their weapons comes from their own statements, meaning they are of ‘fundamental relevance’, the court heard.

Asked by judge Mr Justice John O’Hara if that meant without the interviews the case ‘must inevitably fail’, counsel for the prosecution replied: ‘On that basis, yes.’

Earlier this week, the court heard that McCann was suspected of involvement in a number of terrorist attacks, including the murders of up to 15 British soldiers.