THE brother of a Bloody Sunday victim has criticised a decision not to prosecute members of a loyal order band for wearing insignia supporting Soldier F during a parade in Derry.
John Kelly, whose brother Michael (18) was shot dead at the 1972 civil rights march in Derry, was speaking after the Public Prosecution Service (PPS) ruled there was no prospect of a conviction against three members of the Larne-based Clyde Valley flute band.
A number of band members wore Parachute Regiment insignia with the letter “F” below it during an Apprentice Boys march in August 2019.
The move appeared to be an act of support for former paratrooper, Soldier F who is facing murder charges over the deaths of Bloody Sunday victims, Jim Wray and William McKinney and the attempted murder of five others.
Mr Kelly described the PPS decision as “an opportunity lost” and said a decision to prosecute would have sent a strong message to people who believed it was acceptable to adopt such actions.
“It is shocking that those who fly Parachute regiment flags, wear Parachute regiment insignia and openly support Soldier F believe that is an acceptable thing to do.
“On a human level, they show no regard for the grieving families who are still waiting for justice nearly 50 years later.
"If the PPS had pressed ahead with prosecutions, it would have laid down a marker that it’s not OK to trample on the emotions of grieving families. It was an opportunity lost; once again the families have been let down by the PPS,” Mr Kelly said.
PPS assistant director Martin Hardy said all evidence in the case involving two members of the band was considered. A third member was wearing a replica military uniform with no emblem.
“It was concluded that the Test for Prosecution was not met in respect of any offence for any of the three individuals on evidential grounds. In respect of two of the three reported individuals, both of whom had worn relevant shirts, it was concluded, following careful consideration of all the relevant facts and circumstances, that there was no reasonable prospect of conviction."
Mr Hardy said the PPS decision not to prosecute should in no way be seen as diminishing the hurt that the conduct of the band members may have caused to victims and families of those killed on Bloody Sunday.
