Northern Ireland

Prosecution of ex-solider accused of 1974 attempted murder to go ahead

Charlie Agnew, nephew of John Pat Cunningham, pictured in 2013, after his family received an apology from the government 
Charlie Agnew, nephew of John Pat Cunningham, pictured in 2013, after his family received an apology from the government  Charlie Agnew, nephew of John Pat Cunningham, pictured in 2013, after his family received an apology from the government 

THE PROSECUTION of a former soldier accused of the attempted murder of a man with learning difficulties over 40 years ago will go ahead, a judge has heard.

John-Pat Cunningham (27) was shot dead by an army patrol in June 1974.

A public prosecutor told Armagh Magistrates Court that the case against 74-year-old Dennis Hutchings from Cornwall, would proceed.

She told District Judge Paul Copeland: "It will proceed as a prosecution."

A preliminary inquiry had been scheduled for December 15 but the Public Prosecution Service (PPS) said that date could no longer be met.

The court also heard meetings have taken place between the PPS director Barra McGrory QC and senior police officers.

Mr Hutchings was excused from appearing and his defence solicitor did not make any comment during the brief hearing.

Judge Copeland said the case would be mentioned again next month.

"It is by consent that a new timetable be structured," he said.

"The accused is excused."

Mr Hutchings, who is not accused of the murder, was originally charged by detectives in April. It was a holding charge that was subject to review by the PPS.

In a statement Michael Agnew, assistant director of the PPS, said a review of the file of evidence has now been completed.

"The PPS has carried out a careful examination of all of the available evidence and information in this case," he said.

"We have concluded that there is a reasonable prospect of conviction and that the test for prosecution is met. "

Mr Cunningham, who had the mental age of a child between six and 10, had a fear of men in uniform and was running away from an army patrol when he was killed close to Benburb, a village on the border between counties Armagh and Tyrone.

The British government apologised for his death two years ago.

A new investigation into Mr Cunningham's death was launched in 2013 after Mr McGrory requested a fresh examination of the circumstances surrounding the shooting.

The case has been adjourned until December 15.

Afterwards, Mr Cunningham's nephew, Charlie Agnew, said in a statement: "The family have been made aware of the decision of the PPS to pursue the prosecution of Dennis Hutchings for the attempted murder of my uncle, John-Pat.

"The family will follow the progress of the case with interest."