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AN INTERNAL REVIEW of the decisions of the Public Ministry (PPS) not to prosecute the 15 soldiers denounced in relation to the events of Bloody Sunday has resulted in those decisions being upheld.
The PPS today communicated this result to the families of the deceased and injured victims who requested formal reviews of the decisions taken in March 2019 not to prosecute 15 former military personnel.
The range of potential crimes included murder, attempted murder, and intentionally causing serious bodily injury.
Bloody Sunday occurred in the Bogside area of Derry on January 30, 1972 when British soldiers shot 26 unarmed civilians during a protest march against internment without trial.
Private F is among the 15 people to whom these new decisions refer, but the indictment that began against him in 2019 continues, which relates to two counts of murder and five counts of attempted murder.
He is charged with the murder of William McKinney (27) and James Wray (22), and the attempted murder of four other men: Joseph Friel, Michael Quinn, Joe Mahon and Patrick O’Donnell. He faces a final charge of “attempted murder of an unknown person or persons.”
Fourteen people died: 13 died on the spot and another man died four months later from his injuries.
After the lengthy second investigation into Bloody Sunday, called the Saville Investigation that lasted 12 years, the killings were found to be “unjustified” and led to an apology in the House of Commons from then-UK Prime Minister David Cameron. in 2010.
The most recent reviews were conducted by PPS Senior Deputy Director Marianne O’Kane, who was not previously involved in the cases. The requests received specifically referred to the deaths of 10 of the victims who died that day, as well as 10 others who were injured.
In a statement issued today, the PPS said: “In accordance with the review process established by the PPS Code for Prosecutors, O’Kane re-applied the Trial for Prosecution to the large volume of complex evidence and information considered by the original decision. of the PPS -maker to reach new decisions. Detailed legal submissions received were also considered in the course of the reviews.
“It has made new decisions with respect to each request for review and has concluded that the Proof of Prosecution is not met on an evidentiary basis to prosecute any of the 15 soldiers in relation to the specific deaths or injuries suffered on April 30. January 1972.
“All parties that requested a review received a detailed explanation of this outcome in writing this morning. The 15 suspects in question were also informed ”.
‘Deep disappointment’
Commenting on his decision, O’Kane said: “In March 2019, the PPS engaged extensively with the families of those killed and injured on Bloody Sunday to explain the reasons why the person who made the original decision concluded that the Available evidence did not meet the Test for the prosecution of all but one of the reported suspects.
Given the importance of these decisions to all those affected by them and the great public interest in the events of Bloody Sunday, the profound disappointment felt by many families at the time was totally understandable.
“This was despite assurances received from the PPS that its decision-making had been carried out in an independent, fair and impartial manner. Therefore, it was also understandable that several of the grieving families and injured victims subsequently exercised their right to request a review of the decisions regarding 15 of the suspects originally denounced. “
O’Kane said the reviews began substantially in November 2019, after receiving all legal submissions, and involved applying the Evidence for Prosecution back to all available evidence submitted by the Northern Ireland Police Service ( PSNI) from 2016 to 2017.
“I have concluded that the available evidence is insufficient to provide a reasonable prospect of conviction for any of the 15 soldiers who were the subject of the reviews. Consequently, the decisions not to prosecute these 15 people stand.
“I know that today’s outcome will cause further discomfort to those who have embarked on a long and determined journey for justice for nearly five decades. I can only reassure all the families and victims of Bloody Sunday, and the community in general, that my decisions were made completely independently and impartially, and in accordance with the Prosecutor’s Code. “
‘Continuous fight for justice’
Sinn Féin has described the decision as “deeply disappointing” and said the party will continue to support families “in their continued fight for justice.”
Colum Eastwood, leader of the SDLP, said he is “very disappointed” by today’s announcement.
Bloody Sunday was a massacre of innocents by the British Army.
This is a deeply disappointing day for Bloody Sunday families.
Sinn Féin will continue to support them in their ongoing fight for justice.@M_AndersonSF https://t.co/LUeBIVSmtX
pic.twitter.com/cYwFJDodKU– Sinn Féin (@sinnfeinireland) September 29, 2020
Very disappointed in the Bloody Sunday families. They have walked with great dignity since 1972. They will continue.
– Colum Eastwood (@columeastwood) September 29, 2020
Bad behavior
Kate Nash, whose brother William Nash was shot and killed and her father Alexander Nash was shot, confirmed today that she intends to challenge the decision on the premise that the PPS has not “properly applied joint venture consideration” in circumstances from which it can be established that several military personnel participated at least collectively in the events that led to the death of his brother.
The Bloody Sunday Investigation found that Private J may have been responsible for one of the three casualties at the rubber barricade, Private P was responsible for at least one, and the possibility that Private E was responsible for at least one neither could it be eliminated.
The PPS has confirmed the decision not to prosecute either Private J or Private P.
Additionally, Nash complained to the PPS that they had not properly considered all charges, including the offense of misconduct in public office. The PPS has requested that Nash now refer this charge to the police for their consideration.
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In a statement, Nash said: “It is deeply disappointing that, after further review and additional delay, the correct decision has not yet been made.
“It is clear from the decision letter sent to me that the PPS did not consider the collective actions of the soldiers and, instead, allowed each of them to act with impunity based on the fact that they cannot be sure which of all three fired the fatal shots. “
Nash said the PSNI did not include the misconduct in its original investigation and asked his attorney Darragh Mackin to write to the PSNI asking that this charge be “considered without delay.”
Mackin added: “It is clear from today’s PPS decision that not all charges have been considered in this review. In light of the content of this recent decision, we now intend to request that the PSNI carry out an urgent investigation for the charge of misconduct in the public function given its clear exclusion in the first instance.
Comments are closed due to ongoing legal proceedings.
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