Paratrooper known as 'Soldier F' found not guilty of 1972 Bloody Sunday murders
The former paratrooper had been accused of shooting dead unarmed protesters James Wray and William McKinney in 1972 and attempting to kill five others
A former paratrooper known only as Soldier F has been found not guilty at Belfast Crown Court of committing two murders and five attempted murders on Bloody Sunday in Londonderry in 1972.
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Following a five-week trial, the man, who is now in his 70s was cleared of the "unnecessary and gratuitous" shootings of James Wray, 22, and William McKinney, 26, who died.
Judge Patrick Lynch KC, sitting without a jury in a 'Diplock' court introduced in Northern Ireland to deal with terrorism cases, also found him not guilty of the attempted murders of Patrick O'Donnell, Joseph Friel, Joe Mahon, Michael Quinn and an unknown person during the infamous civil rights demonstration in Londonderry, Northern Ireland, in January 1972.
Soldier F, who was seated behind a curtain to protect his identity, could not be heard to utter any response as the judge delivered the ruling.
Read more: Bloody Sunday shootings 'unjustified and gratuitous', soldier murder trial told
There was a stunned silence from relatives in the public gallery when Judge Lynch delivered his verdict following two-and-a-half hours' summing up the evidence heard during the trial.
The court ruled the evidence provided against Soldier F fell “well short” of what was needed for a conviction.
Judge Lynch told Belfast Crown Court: “Whatever suspicions the court may have about the role of F, this court is constrained and limited by the evidence properly presented before it.
“To convict it has to be upon evidence that is convincing and manifestly reliable.
“The evidence presented by the Crown falls well short of this standard and singularly fails to reach the high standard of proof required in a criminal case; that of proof beyond a reasonable doubt.
“Therefore, I find the accused not guilty on all seven counts on the present bill of indictment.”
The prosecution failed to prove Soldier F was “knowingly and intentionally assisting in the shootings, with intent to kill or was shooting himself with that intention”, the judge added.
He said: “Their statements, the sole and decisive evidence, cannot be tested in a way that witnesses giving evidence from the witness box would be.
“Delay has, in my view, seriously hampered the capacity of the defence to test the veracity and accuracy of the hearsay statements.
“The two witnesses are themselves, on the basis of the Crown case guilty of murder as, in essence, accomplices with a motivation to name F as a participant in their murderous activities. I find that they have been serially untruthful about matters central to events giving rise to this prosecution. They have committed perjury, G once to the Widgery Inquiry and H twice to the Widgery and Saville Inquiries.”
The British state is at fault for today's ruling, the brother of a man shot dead on Bloody Sunday said.
Mickey McKinney, brother of William McKinney, said: “The families and wounded and our supporters leave this courthouse with an incredible sense of pride in our achievements.”
He added: “The blame lies firmly with the British state, with the RUC who failed to investigate the murders on Bloody Sunday properly, or indeed at all; and with the British Army who shielded and enabled its soldiers to continue to murder with impunity.”
The families of the victims of Bloody Sunday have vowed this will not mark the end of their campaign for justice.
Ciaran Shiels, a solicitor who represents some of the Bloody Sunday families, said there was no right of appeal in the case.
Asked what was next for the cause, he said they were waiting for a review from the Public Prosecution Service in relation to alleged perjury and said they would push for a prosecution to be taken “without further delay”.
“We’re not finished yet,” said Mickey McKinney, a brother of Bloody Sunday victim William McKinney, adding that they viewed taking the case as “big”.
“It’s a big one, we took them to the wire.”
Northern Ireland’s First Minister Michelle O’Neill has said she will continue to support the Bloody Sunday families in the “pursuit of justice”.
In a social media post, Ms O’Neill said the “continued denial of justice for the Bloody Sunday families is deeply disappointing”.
She added: “Fifty three years ago, the British Army indiscriminately murdered civilians on the streets of Derry.
“Over fifteen years ago, the then British Prime Minister publicly acknowledged the role of British soldiers on Bloody Sunday.
“Yet, not one British soldier or their military and political superiors has ever been held to account.
“That is an affront to justice.”
She added: “I want to commend the courage and determination of the Bloody Sunday families.
“For more than five decades, they have campaigned with dignity and resilience for justice for their loved ones, their deeply cherished sons and fathers, uncles and brothers.
“I extend my full solidarity to the families and to the wider community of Derry who will be hurting today. I will continue to support you all in whatever steps you choose to take next in pursuit of justice.
Soldier F had denied all the charges.
Thirteen people were shot dead by the Parachute Regiment on the day in question. The shootings are one of the defining moments of the 30-year conflict and resulted in an apology from then-Prime Minister David Cameron in 2010 for the ‘unjustified and unjustifiable’ deaths.
The killings were the subject of the Saville Inquiry, conducted by Lord Saville, also known as the Bloody Sunday Inquiry, which was set up in 1998 and lasted for 12 years and cost around £200million.
A murder investigation was launched when the report concluded that those killed were innocent and unarmed.
Prosecutions relating to Troubles deaths have proven controversial, with veterans claiming they are targeted while many IRA terrorists escaped prosecution or walked free from prison under the terms of the 1998 Good Friday Agreement.
Downing Street has insisted it is committed to “finding a way forward that acknowledges the past” in the wake of today’s ruling.
A Government spokesperson said: “We note today’s judgment. The MoD (Ministry of Defence) has provided legal and welfare support throughout, as it does for any veteran involved in a legal process arising from their duties.
“This case is part of the complex legacy of the Troubles, which affected so many families and communities.
“We are committed to finding a way forward that acknowledges the past, whilst supporting those who served their country during an incredibly difficult period in Northern Ireland’s history.”
Veterans will welcome the decision, Northern Ireland veterans commissioner David Johnstone said outside court on Thursday.
“The veteran community in Northern Ireland will welcome today’s outcome based on precedent and similar legacy court cases,” Mr Johnstone said.
Shadow Defence Secretary James Cartlidge told LBC: “Whilst mindful of the pain felt by those on all sides who lost loved ones in the Troubles, the not guilty verdict for Solider F should now draw a line under this long running case.
"I hope that we can persuade the Government to recognise the questions raised by cases that rely on evidence from half a century ago.
"In particular, by repealing our Legacy Act, far from drawing a line under the troubles, Labour risk exposing many more elderly veterans to legal investigation in relation to events decades ago.”
“It has become increasingly clear that the admissibility of certain types of evidence, particularly those based on decades old recollections, remains deeply problematic. Soldier F has faced legal scrutiny in various forms for more than a quarter of a century, and it is my hope that today’s ruling by Judge Lynch brings that long and arduous process to a close.
“As Veterans Commissioner, I will continue to advocate for a legacy process that ensures fairness for all and that does not facilitate the wholesale demonisation of those who served, the vast majority of whom did so with restraint and professionalism, with the sole motivation, in the main, to protect all sections of our community during the turbulent years of our conflict.”
Paul Young, national spokesman for the Northern Ireland Veterans Movement, said veterans would be “heartened by this verdict today” and was interrupted as he addressed the media.
“I will just leave because I’m obviously not going to get a word in here,” he said. “Soldiers across the United Kingdom will be happy with this, and I hope that there is no more soldiers brought to the courts here with evidence that has actually no way of going through.”