Soldiers face charges for IRA death
‘Betrayal’ of veterans prosecuted over murder of terrorist leader who killed serviceman
TWO former soldiers are being prosecuted for the murder of an IRA commander in Northern Ireland 44 years ago, in a case that last night sparked widespread outrage over the hounding of veterans.
In the first case of its kind, the two ex-paratroopers, who are both in their 60s, have been told they will be charged over the killing of Joe McCann, a senior leader in the Official IRA.
The case raises the prospect of dozens more British troops who served in Northern Ireland being charged, amid claims prosecutions are politically motivated revenge for the deaths of IRA terrorists as long as five decades ago.
There is a growing furore over the “witch hunt” against British troops who served in Iraq and Afghanistan. Thousands of troops have been investigated – at a cost of tens of millions of pounds – over historic allegations of abuse, including murder and torture in Iraq. Hundreds of claims of mistreat- ment are also being investigated in Afghanistan.
McCann, who was 24 when he died in April 1972, has been accused of the murder of at least one British soldier and the attempted assassination of a leading politician – cases for which no one ever stood trial.
His death, as he attempted to flee a security checkpoint, sparked days of rioting and the murders of three more British soldiers by the IRA in revenge.
The two veterans – who can be identified only as Soldier A, aged 67, and Soldier C, 65 – had previously been assured by police they would not face prosecution, with a detective telling them: “This ends here for you. You don’t need to worry about this.” Last night they told of their sense of betrayal at the decision to prosecute.
Their lawyer, Philip Barden, of Devonshires Solicitors, speaking on their behalf, said: “Soldiers A and C are outraged and appalled by this betrayal.
“This is no way to treat those who serve our country. We will fight the charges through the courts as that is what we must do.” The men – one of them a grandfather now living in Hampshire – have been left “distraught” and “extremely angry”.
The daughter of the British soldier alleged to have been shot and killed by McCann in 1971 said she was appalled the two veterans were being pursued.
Anna-Marie Bankier, who was one when her father, Corporal Robert Bankier, was shot and killed, told The Daily Telegraph: “It is diabolical. Joe McCann killed my father and I am sure it wasn’t just my dad he killed. It is outrageous these men are being prosecuted for doing their job 44 years ago.”
Lord Kilclooney, an Ulster Unionist politician, who survived an assassination attempt said to have been at the hands of McCann, in February 1972,
said: “No one was ever prosecuted for the attempt on my life. It seems outrageous and ridiculous that after 44 years they are prosecuting these veterans.”
The Public Prosecution Service of Northern Ireland announced yesterday the men would be prosecuted for McCann’s murder after a two-year inquiry.
The IRA commander had been stopped at a checkpoint and identified by police with the Royal Ulster Constabulary. Soldiers from the 1st Battalion Parachute Regiment were summoned to detain him as he tried to flee. McCann, who it later transpired was unarmed, was shot several times.
The case was investigated in 1972 and the men cleared. But a new file was opened by the Historical Enquiries Team (HET), set up in 2005 by the Police Service of Northern Ireland (PSNI), to investigate more than 3,000 unsolved murders during the Troubles.
The two soldiers are understood to have cooperated with HET and been given an assurance they would not be charged if they did so. A third soldier, who was abroad and refused to cooperate, has subsequently died.
Lawyers’ notes from Soldier C’s interview under caution in 2010 show that the senior detective heading the investigation told him: “In my professional experience, this ends here for you. You don’t need to worry about this.”
HET, which was shut down in 2014, passed a file to McCann’s family which took its case to Northern Ireland’s At- torney General, who in turn took it to Barra McGrory, the Director of Public Prosecutions in Northern Ireland.
Mr McGrory, before taking up his official posting, acted as solicitor to Martin McGuinness, the Sinn Fein politician and former IRA commander, at the Bloody Sunday inquiry and represented on-the-run terror suspects in negotiating a deal for an effective amnesty.
Mr McGrory has always maintained he does not allow politics to interfere with his job.
In a statement, prosecutors said: “Following a careful consideration of all the available evidence it has been decided to prosecute two men for the offence of murder.
“The charge relates to the death of Mr John Joseph McCann who was shot by an army patrol in Joy Street, Belfast on Saturday 15th April 1972.”
It added: “The decision was reached following an objective and impartial application of the Test for Prosecution that was conducted in accordance with the Code for Prosecutors and with the benefit of advice from senior counsel.”
But the soldiers’ lawyers said their prosecution had been “prejudiced by the delay in bringing this case”.
The law firm added: “Our clients were given an assurance by the HET that they would not be charged in this matter, which has been broken. Now, 44 years after the shooting of Mr McCann, and in their retirement years, and having served their Queen and country for many years, they are accused of murder and must fight to clear their names.”