THE trial of former soldier Dennis Hutchings accused of the shooting of a Co Tyrone man nearly 50 years ago, could be concluded as early as next week.
Outlining the progress of the trial today, Mr Justice O'Hara said the prosecution case against the 80-year-old former Life Guardsman should be completed by this Wednesday, and if 'achieved' this would lead to legal submissions on Friday.
The judge said he would then rule on Monday what prosecution evidence was deemed admissible and dependent on the ruling this may lead to further defence applications.
It had been estimated the trial could last at least four weeks as it sits only every other day to allow Mr Hutchings, diagnosed as suffering from an incurable chronic kidney disease, to receive treatment and rest in the intervening two days.
Before his announcement today, Mr Justice O'Hara, by agreement, continued the case for a time in the defendant's absence, initially to allow him to "get some air" and then when told he needed to retire to his hotel for rest.
The former colour sergeant from Cawsand, in Cornwall, denies attempting to murder John Patrick `John Pat' Cunningham and attempting to cause the 27-year-old - described as a vulnerable man with the 'mind of a child' - grievous bodily harm.
Earlier former MP and Life Guardsman Lieutenant Colonel Dr Charles Goodson-Wicks - who had gone to the field at Carrickaness Road, on the outskirts of Benburb village where Mr Cunningham was fatally shot - told the court that save for his original statement, he "had nothing to add or subtract from it after such a long period of time".
He agreed with prosecution QC Charles MacCreanor that his original statement made on June 15, 1974, the day of the shooting, was "truthful", and that his memory of events would "indeed" have been "fresher then".
Dr Goodson-Wicks told the court he remembered Mr Hutchings "very well" from his time in the Life Guards and he thought "it relevant to say to the court" given his own military experience of "over half a century" if asked to "name someone who was the epitome of the best part of senior British NCO [non-commissioned officer], the name of Mr Hutchings would come readily to mind".
The retired doctor, who had also been a barrister, said when he arrived at the scene he found 'field dressings' had been applied to Mr Cunningham's wounds, in an effort, "to perserve life".
He could not say if Mr Hutchings personally applied them, but that he "certainly would have supervised the application".
Then when questioned about the firing of warning shots by soldiers he said while personally he could not "answer that directly" he would say, as in any military operation it "would be a prudent measure... to fire a warning shot rather then a shoot to maim or cause further injury".
Dr Goodson-Wickes was asked about his own knowledge of the British Army's then rules of engagement contained on the so-called 'yellow card' setting out when soldier's could open fire.
He said his recollection would be "very rusty", although he may have been briefed on on the matter, but that was some "40 years ago" and that he had never "refreshed his memory" on it.
Mr MacCreanor pointed out the card said nothing about 'warning shots' and the rules said only that such "shots fired are to be aimed shots".
The former MP later told Mr Justice O'Hara he accepted, although he had no memory save what was contained in his original statement, he also told the court he remembered seeing Mr Hutchings at the scene, and also what he was doing at the time.
He said he "assumed" this would be the case, that Mr Hutchings was the patrol commander and gathering up "the aftermath at the scene".
The case resumes on Wednesday.
