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Wednesday, 19 December, 2001, 14:00 GMT
Bloody Sunday soldiers win case
Fourteen civilians died after Bloody Sunday shootings
British soldiers will not have to go to Northern Ireland against their will to give their evidence to the Bloody Sunday inquiry, the Court of Appeal has ruled.
The decision delivered on Wednesday means the Saville Inquiry's ruling that evidence should be given in Londonderry has been quashed. Shortly after the judgement was delivered, the tribunal headed by Lord Saville of Newdigate, said it would not appeal the court's ruling. The Bloody Sunday inquiry, sitting in the Guildhall in Derry, is examining the events of 30 January 1972 when 13 civilians were shot dead by British soldiers after a civil rights march in Londonderry. A 14th person died later. 'Terrorist threat' The 36 former soldiers, thought to include the paratroops who fired the fatal shots on Bloody Sunday, had argued that they could be attacked by dissident republicans if they travelled to give evidence in Derry. A lawyer for the military witnesses to the Saville Inquiry told the Court of Appeal in London that the risk of "terrorist reprisals" was higher in Northern Ireland than in Great Britain. However, counsel for the Saville Inquiry argued that in the light of the protection being offered by the security forces in Northern Ireland, the soldiers' fears were unreasonable. A solicitor for one of the families of those killed and wounded said he was not surprised at the ruling, but added that it was he was "totally disgusted". Video-link rejected Tony Doherty, whose father was killed on Bloody Sunday, said: "Clearly, the soldiers don't want to give evidence, never mind giving evidence in Derry, Belfast, London, or any other venue. "They don't want to tell people what happened in this city on Bloody Sunday." Greg McCartney, who represents the family of Jim Wray, said the families had been waiting for justice from English judges for 30 years and would probably have to wait another 30 years to get it. The tribunal will have to decide where to hear the soldier's evidence. It is possible it may temporarily move to another location. So far the families and the soldiers have dismissed the idea that the paratroops could give evidence by video-link. The soldiers have argued that they want to give evidence like everyone else in front of the judges and the barristers in order to do themselves justice. No prosecutions 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. 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. 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 new inquiry is expected to run for another two years. |
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