Legal challenge over Army killers

Mark Wright (left) and James Fisher served six years

Attempts to have the killers of Belfast teenager Peter McBride thrown out of the Army have resumed in the High Court.

Scots Guards Mark Wright and James Fisher were convicted of the 18-year-old's murder in 1995 and served six years of a life sentence.

The pair were allowed to rejoin their regiment, a move challenged in the courts by the McBride family.

He was shot in the back twice when he posed no threat when he was running away

Seamus Treacy QC

In the High Court last April, Mr Justice Kerr dismissed a legal challenge against the Army Review Board's decision to allow the pair to stay in the Army.

The appeal against that decision by Jean McBride, the mother of the dead teenager, began in the High Court in Belfast on Thursday.

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.

Mrs McBride's lawyer, Seamus Treacy QC, said Lord Justice Kelly held there was no reasonable possibility that Fisher held an honest belief that Peter McBride was carryng a coffee jar bomb and therefore this should have formed no part in the Army Board's determination.

'No threat'

"The appellant reminds the court that the guardsmen murdered Peter McBride," said Mr Treacy.

"He was shot in the back twice when he posed no threat, when he was running away and when the distance between him and his pursuers was actually increasing."

Mr Treacy said Lord Justice Kelly found that both soldiers had sufficient time to decide whether or not to fire and, although both were aware that they had no justification for doing so, both fired at him knowing he posed no threat to them.

The appeal is being heard by the Lord Chief Justice Sir Robert Carswell, Lord Justice Nicholson and Lord Justice McCollum.

Two days have been set aside for the hearing and it is expected that judgement will be reserved.