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Family 'elated' after coroner says 1971 killing unjustified

Joseph Parker's daughter Charlene with his uncle Francis Cosgrove at Belfast's coroner's court. Picture by Hugh Russell
Joseph Parker's daughter Charlene with his uncle Francis Cosgrove at Belfast's coroner's court. Picture by Hugh Russell Joseph Parker's daughter Charlene with his uncle Francis Cosgrove at Belfast's coroner's court. Picture by Hugh Russell

JOSEPH Parker's wife died before she could hear his shooting declared "not justified", but the daughter he did not live to meet was there to witness the historic moment yesterday.

The 25-year-old was fatally shot in the thighs after a patrol of soldiers entered a dance at Toby's Hall in the Ardoyne area of north Belfast in 1971.

He had an 18-month-old daughter and his wife was heavily pregnant with their second child at the time.

A coroner's court in Belfast was told that on the evening of Mr Parker's death on December 10, around 100 people were at the dance when soldiers entered in search of an individual they said they wished to speak to.

Witnesses said the atmosphere became hostile as some members of the crowd shouted at the soldiers to get out.

Some chairs were knocked over and bottles broken, the court heard.

As tensions escalated, a soldier fired shots at the ceiling, prompting those present to duck to the ground.

Another soldier then shot into the crowd while he was in a crouching positing, hitting Mr Parker in his thighs.

The Ardoyne man had been enjoying the dance with his sister, uncle and friends and died later of his injuries.

Coroner Joseph McCrisken said yesterday: "I am satisifed that this shot was fired deliberately but that Mr Parker was not deliberately targeted, in other words, this soldier was acting recklessly when he fired shots at such a low level in a hall full of civilians.

"I have not been presented with any evidence which suggests that Mr Parker posed any threat, either direct or indirect, to the military patrol."

He concluded: "I am satisfied, therefore, that the force used against Joseph Parker was not justified since he posed no threat to members of the patrol."

In his findings, Mr McCrisken said the atmosphere in Northern Ireland was extremely tense at that time, with a considerable number of people feeling hostile towards the army amid backlash to government policies such as internment.

He also said the patrol had not realised how many people would be in the hall due to poor planning.

"This lack of planning not only risked the lives of those members of the patrol who went inside but also civilians who were already inside."

He said the patrol captain should have realised this risk after the troops entered and were met with a large number of people and a hostile response.

"The situation in the hall can best be described as a powder keg. The military presence ignited the fuse with tragic consequences."

An inquest was held into Mr Parker's death in 1972 which recorded an open verdict. After an investigation by the Historical Enquiries Team in 2009, a fresh inquest was ordered into the killing.

Mr Parker's wife, Dorothy, has since died. Their two daughters Joanne and Charlene were present in court throughout the inquest, which took place over a two weeks in November.

Mr McCrisken previously hailed efforts to trace witnesses from as far away as Australia.

A solicitor for the family said they are now considering whether to bring a civil case against the Ministry of Defence.

Lawyer Padraig O Muirigh read a statement outside court on behalf of the family.

It said: "Today we are elated that our father's name has been cleared and our only regret is that our mum is not here to witness it."