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Wednesday, 7 November, 2001, 16:08 GMT
Soldiers' evidence decision reserved
Soldiers fear they would be in danger at Guildhall
Judgement has been reserved in the High Court action by soldiers challenging a decision that they must attend the Bloody Sunday Inquiry in Londonderry.
Two London High Court judges are considering if it is fair and lawful to ask the 36 former and serving soldiers to travel to Northern Ireland to give evidence. Earlier this year, Bloody Sunday Inquiry chairman Lord Saville of Newdigate ruled that the military personnel must give their evidence at the Guildhall, where all other witnesses have been giving evidence. However, the soldiers applied for a judicial review of the decision because they said their security could not be guaranteed in the city where 13 civilians were shot dead by British paratroopers during a civil rights march on 30 January 1972. Venue concerns Among them are the paratroopers who fired fatal shots that day. They have said they fear they will be targeted by republicans and had asked to give their evidence away from Derry, in Britain, or via a video link.
It is expected the judges will make their decision public within the next two weeks. Earlier on Wednesday, the court heard that relatives of those killed on Bloody Sunday wanted the soldiers responsible to give their evidence in Derry. Lord Gifford, who is representing one of the families, said the soldiers must appear in Derry for the relatives to see justice being done. He also said the inquiry was playing a role in the Northern Ireland peace process. He said if military witnesses appeared in Derry they would contribute to the healing process.
The soldiers have always argued that they were fired on by IRA men before they opened fire. This is disputed by many witnesses and relatives of those killed and injured. If the soldiers are compelled to travel to the inquiry in Derry, some of them will remain anonymous. Last summer the Court of Appeal in London ruled that anonymity would be granted to 17 of the soldiers who had taken a legal action to protect their identities. No prosecutions 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. 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 more than a year and is expected to run for another two years.
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