Wright and Fisher were both convicted of murder
|
The Army has been urged to set up an independent appeal panel to assess the case of two soldiers who were allowed to stay in the military after being convicted of the murder of a Belfast teenager.
Last month, the Court of Appeal in Belfast ruled the Army was wrong to retain Scots Guards Mark Wright and James Fisher, who were convicted of the 1992 murder of 18-year-old Peter McBride.
In his tenth annual report, independent assessor of military complaints Jim McDonald said that until the matter was settled, it would continue to undermine the Army's credibility.
"I would urge the Army Board to initiate a final appeal panel, drawn from people outside the military system, able to exercise publicly that crucial ingredient of independence and transparency which is now a requirement of good
governance," he said.
Peter McBride was shot after being stopped and searched by the soldiers while they were on patrol near his home in the New Lodge area of north Belfast on 4 September, 1992.
The pair were sentenced to life for murder in 1995, but three years later were released from prison and allowed to rejoin their regiment.
The Court of Appeal stopped short of ordering the Army to dismiss the two soldiers, but made a legal declaration that the reasons adopted by the Army Board were not so exceptional as to permit the retention of the two soldiers.
At their trial, Wright and Fisher said they believed Peter McBride was carrying a bomb.
But the judge, Lord Justice Kelly, found they were lying as they had already stopped and searched him.
Mr McDonald said in his report that the two Scots Guards' ongoing military role was continuing to attract concern in the local community.
"The extent of public unease to date can only undermine the credibility of the Army until a satisfactory solution is found."
SDLP leader Mark Durkan welcomed the recommendation of an independent panel.
Mark Durkan: Welcomed the report
|
He said: "The fact that they have been allowed to stay to date has flown in the face of human rights and basic principles of justice. It has also been deeply hurtful to the McBride family.
"Jim McDonald is right to recognise that public concerns on this case will not go away until a satisfactory outcome is found."
Mr Durkan said the prime minister was wrong to suggest that it was a
private matter between the Army and the two guardsmen.
"Tony Blair needs to know that the campaign to ensure justice for the McBride family will not end until the murderers of Peter McBride have left the British army."
Meeting
In another development, a former Armed Forces Minister now serving in Northern Ireland is to meet Mr McBride's mother Jean.
NIO minister John Spellar, who was involved in making the Army decision to retain Wright and Fisher in 2000, said last month it would not be appropriate to meet Mrs McBride, because of the possibility of further legal action.
Mr Spellar is now willing to arrange a meeting, as the deadline for mounting a fresh appeal has passed.
A Northern Ireland Office spokesman said: "We can confirm the minister has offered to meet Mrs McBride. No date has been fixed yet."
Sinn Fein President Gerry Adams said it was essential that Mr Spellar held talks with the McBride family as soon as possible.
He said: "This was an issue which was of concern to nationalists in general and Sinn Fein in particular, given that his responsibilities cover human rights.
"We raised this with Mr Spellar and his office on a number of occasions. I welcome the fact that he has now agreed to meet with the McBride family at the earliest opportunity."