Inquiry soldiers must return to NI

Soldiers fear they would be in danger at Guildhall

The head of the Bloody Sunday Inquiry has said soldiers who opened fire in Londonderry 30 years ago must attend the tribunal in the city.

It is investigating the circumstances surrounding the deaths of 13 civilians shot dead at a civil rights march by British paratroopers in the city on 30 January 1972.

Another man died later from his injuries.

Inquiry chairman Lord Saville of Newdigate had been considering an application by the soldiers' lawyers to give their evidence away from the inquiry, which is sitting in the Guildhall in Derry.

Lord Saville: "No compelling reason to give evidence away from inquiry"

This was because of the soldier's fears they would be targeted by republicans, if identified.

He had been considering three options - the soldiers should go to the Guildhall in Derry, give their evidence somewhere in Britain, probably London, or do so by video link.

However, the families of those killed and injured said there was no reason why the soldiers should not give evidence in Derry, as have the many hundreds of civilian witnesses called.

On Thursday, the tribunal, which is currently adjourned for the summer, ruled that Derry was "the proper place" for military witnesses to give their evidence.

'Public confidence'

It said in light of information presently available, there was "no compelling reason" why the soldiers should give evidence away from Derry.

Lord Saville also said public confidence in the inquiry would be "seriously diminished, if not destroyed," if a major part of the inquiry were to be held elsewhere.

John Kelly, whose brother Michael was among the dead, said the ruling was "the correct one".

He said: "The families believe it is a right and justifiable ruling under the circumstances.

"We have always maintained the soldiers, and everyone, should give their evidence in the Guildhall, because this is the city where the incident happened."

British soldiers in Derry on Bloody Sunday

However, former Parachute Regiment commander Lieut-General Sir Napier Crookenden said the decision was "disgraceful".

He said: "Making those involved give evidence in Londonderry will endanger the officers.

"It will also add to the already significant burden on the security forces in Northern Ireland and quite unnecessarily increase the tensions in the province."

About 250 military witnesses are to be called into the witness box at the multi-million pound inquiry, which has been sitting for more than a year.

Among them will be the paratroopers who fired fatal shots that day.

However, last summer the Court of Appeal in London ruled that anonymity would be granted to 17 of the soldiers who had taken the action to protect their identities.

'Legal challenge likely'

Witnesses to the inquiry are immune from prosecution on issues arising from their evidence. It is aimed solely at establishing the facts about what happened.

There have been no prosecutions arising from the inquiry.

The soldiers' lawyers will have time to challenge inquiry's decision about where they must appear, as they are not scheduled to give evidence until next year.

The Ministry of Defence said it was likely the soldiers' lawyers would seek a judicial review of the Saville ruling.

A spokesman said there was "no compelling reason" why the evidence should not be given in Britain, rather than in Derry.

The Bloody Sunday inquiry was established in 1998 by Prime Minister Tony Blair after a campaign by families of those killed and injured.

They felt that the Widgery Inquiry, held shortly after the shootings, did not find out the truth about what happened on Bloody Sunday.

The new inquiry has been sitting in public for the past year and is expected to run for another two years.