Military ‘hearsay’ evidence can be used in Soldier F Bloody Sunday murder case

Statements from five military witnesses can be admitted as evidence in the trial of Soldier F for murder and attempted murder on Bloody Sunday, a judge in Derry has ruled.

Delivering his decision on Friday, District Judge Ted Magill said this court “must be careful not to usurp the functions of the trial judge” and he was “satisfied the trial process is fully capable of dealing with these … in a fair, just and reliable fashion”.

He ruled the evidence of a sixth military witness could not be admitted.

The case will now proceed to the next stage of the pre-trial process, when a ruling will be made to determine if there is sufficient evidence for the accused to be sent to trial.

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Speaking to reporters outside the court, solicitor for the families Ciarán Shiels said it was a “significant move forward, it’s a bad day for Soldier F, it’s a step closer to the families seeing Soldier F committed and sent forward for trial in the Crown Court.”

A former member of the British army’s Parachute Regiment, Soldier F is charged with the murder of Jim Wray and William McKinney as well as five attempted murders on Bloody Sunday in Derry on January 30th, 1972.

Thirteen people died when members of the British army’s Parachute Regiment opened fire on anti-internment marchers in Derry’s Bogside. A fourteenth died later.

William McKinney’s brother Michael welcomed the judge’s decision and said “each of these witnesses provides significant evidence of Soldier F being present in Glenfada Park firing his weapon”.

“We look forward now with renewed confidence to Soldier F being formally returned to stand trial for murder and attempted murder as expeditiously as possible.”

The Public Prosecution Service (PPS) announced last year it would recommence proceedings against Soldier F.

It dropped the case following the collapse of a separate trial against two other former soldiers, but this decision was overruled by the High Court following a legal challenge taken by the relatives of those killed on Bloody Sunday.

The prosecution of Soldier F had reached the committal stage at Londonderry Magistrates’ Court at the time of its suspension.

On Friday, the district judge was ruling on the admissibility of hearsay evidence arising from statements made to the Royal Military Police (RMP) in 1972 and later, evidence put before the now-discredited Widgery Tribunal and evidence given at the Saville Inquiry into Bloody Sunday, which is understood to be key to the prosecution case.

Judge Magill ruled that the evidence of five former soldiers – known as G, H, J, E and David Longstaff – could be admitted in evidence, but that of a sixth, known as 119, could not.

Concluding his judgement, the district judge said he considered the defence had “a wealth of material by which they can contest this case, thereby challenging the reliability of the evidence against the defendant”.

“I have found nothing to persuade me that there is any unfairness in the admission of the hearsay statements of these five witnesses, re-iterating and re-emphasising as I do that I am not the trial judge.”

As part of the district judge’s ruling, details emerged of Soldier F’s response when interviewed in the presence of his solicitor about Bloody Sunday on March 8th, 2016.

Judge Magill quoted Soldier F as saying “while I am sure I properly discharged my duties as a soldier on that day, I no longer have any reliable recollection of these events”.

“I am not, therefore, able to answer your questions and will not be drawn into speculating or guessing.

“For that reason, I will not be answering any questions put to me,” he said.