Army 'wrong to keep killers'

Wright and Fisher were both convicted of murder

The Army was wrong to retain the two soldiers who murdered Belfast teenager Peter McBride, the Court of Appeal in Belfast has ruled.

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.

They are now thought to be serving in Iraq.

Mr 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 allowed to rejoin their regiment in 1998, a move challenged in the courts by the McBride family.

The 2-1 majority ruling was given on Friday on the appeal, heard by the Lord Chief Justice Sir Robert Carswell, Lord Justice Nicholson and Lord Justice McCollum.

I am calling on governments everywhere, the British Ministry of Defence and everyone else to insist that these men be removed from the Army right away

Jean McBride
Victim's mother

Lord Justices Nicholson and McCollum stopped short of ordering the Army to dismiss the two soldiers.

Instead, they 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.

A dissenting judgement was delivered by the Lord Chief Justice Sir Robert Carswell, who held that the Army Board was entitled in law to reach the conclusion it did.

Reserved judgement

He said there was no legal compulsion on the Army to take any further action in relation to the retention or discharge of the soldiers.

"It can take such course as it thinks fit, having regard to the opinions expressed by the court concerning the conclusions reached by the Army Board."

Outside the court the victim's mother, Jean McBride said she was "absolutely delighted".

"Two senior judges have said more or less that it is illegal for these soldiers to still be in the Army.

Mark Durkan: Pressing government after ruling

"Now I am calling on governments everywhere, the British Ministry of Defence and everyone else to insist that these men be removed from the Army right away.

"I believe today's decision is more than a broad hint to the Army to take such action."

SDLP leader Mark Durkan said the government must now accept that the two soldiers must have "no place in the British Army".

He said what the family could not accept, and "should never have to accept is that the two convicted murderers are kept on in the British Army. That is a total affront to basic human rights.

"I am now calling on the British Government to face the court judgment head on. It would only add further insult to injury for the McBrides if the Government were to appeal the judgment further."

The three judges delivered separate reserved judgements on the appeal by Mrs McBride against Mr Justice Kerr's dismissal of her application for judicial review.

He dismissed a legal challenge against the Army Review Board's decision to allow the pair to stay in the Army in the High Court last April.

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.