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Last Updated: Wednesday, 24 November, 2004, 11:30 GMT
SAS shooting challenge 'too late'
A decision by the Director of Public Prosecutions not to prosecute three SAS soldiers who shot dead two men 20 years ago has been upheld.

In the High Court in Belfast on Wednesday, Mr Justice Girvan dismissed an application for a judicial review brought by Julie Doherty, widow of one of the men killed outside Gransha Hospital, Londonderry, on 6 December 1984.

At the time of the shooting, it was alleged that Danny Doherty, who was armed, and William Fleming had been about to ambush an off-duty UDR soldier.

A total of 59 shots were fired by the SAS soldiers.

The jury at Mr Doherty's inquest said: "We find that the five-man army unit should have tried to arrest this person or at least informed the RUC earlier and his life might have been saved."

In 2004, it is much too late for the applicant to seek effectively to reopen a decision made in 1986 and not challenged within a reasonable time thereafter
Mr Justice Girvan

The application by Mrs Doherty, from Rathlin Drive, Creggan, concerned the failure to prosecute the soldiers and the refusal to provide her with "full and sufficient" reasons for not doing so.

In his reserved judgement, Mr Justice Girvan said the decision not to prosecute could not be challenged as it was based on the prosecutor's assessment of the evidence.

"It has not been demonstrated that the prosecuting authority approached the exercise in arriving at its decision on an incorrect, irrational or improper basis," he said.

"The no prosecution decision was made in 1986. In 2004 it is much too late for the applicant to seek effectively to reopen a decision made in 1986 and not challenged within a reasonable time thereafter."

A solicitor for Mrs Doherty said afterwards: "We are disappointed at the decision, particularly in the light of the inquest jury's conclusions and the scientific evidence that Mr Doherty was shot from the rear and six shots hit him while he was lying on the ground.

"We will consider the judgement to determine whether an appeal should be lodged."



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