A UK government minister has accused prosecutors in Northern Ireland of pursuing without merit a British soldier accused in connection with the fatal shooting of an unarmed man.
Veteran Affairs Minister Johnny Mercer leveled the accusation against the Public Prosecution Service during the debate over the legacy bill in the House of Commons.
Mr Mercer told the Commons the late soldier Dennis Hutchings was the subject of a "vexatious prosecution" by the PPS, an intervention described as "astounding" by SDLP leader Colum Eastwood.
Mr Hutchings died in 2021 during his trial on charges of attempted murder and grievous bodily harm in relation to the 1974 shooting death of John Pat Cunniingham.
The 27-year-old Mr Cunningham, who had learning difficulties, was shot three times by British soldiers in Benburb, Co Tyrone.
Vexatious prosecutions are ones where the prosecutor pursues the case knowing there is little chance of a guilty verdict.
During Tuesday's debate, the claimed vexatious prosecution of members of the British armed forces was raised. Shadow Secretary of State Peter Kyle questioned whether there were any cases of vexatious prosecution being pursued.
According to Hansard, Mr Mercer replied: "Dennis Hutchings." Mr Mercer was a committed supporter of Mr Hutchings prior to the trial, his death and since.
In a post on social media ahead of the debate, Mr Mercer wrote the legacy legislation "ends the experiences of people like my friend Dennis Hutchings - who served in Northern Ireland with courage and integrity".
However, his intervention as a minister and in the Commons has attracted criticism.
"It’s astounding that a British government minister would describe a criminal investigation involving the killing of a civilian by state forces during the Troubles as ‘vexatious’," Foyle MP Mr Eastwood said.
"While investigating these cases may prove contrary to the interests of the British state, the Public Prosecution Service clearly felt there was a case to answer.
“Johnny Mercer and others would do well to remember that there are victims and their families throughout the north and across these islands who still experience real hurt and pain every day because of what happened to them and their loved ones and to categorise their ongoing fight for justice as ‘vexatious’ is deeply insulting.”
Following Mr Hutchings death, Deputy Director of Public Prosecutions Michael Agnew said the decision to prosecute "was taken after an impartial and independent application of the test for prosecution", whether the available evidence meant there was a reasonable prospect of conviction and is in the public interest.
"In the course of the proceedings there were rulings by High Court Judges that the evidence was sufficient to put Mr Hutchings on trial and also that the proceedings were not an abuse of process," Mr Agnew said.
Mr Mercer did not immediately respond, via the Cabinet Office, when asked to comment on his allegation and whether he believes the PPS pursued other prosecutions without merit.
The north's Former Lord Chief Justice Declan Morgan, appointed to lead the ICRIR, the British government's Troubles review body, previous told a parliamentary committee he had no "basis at all for considering that there have been any vexatious prosecutions".
Alliance North Down MP, during the debate, raised a broader issue around the "genesis of the bill", that it was needed to "protect certain elements who are clamouring for protection against vexatious claims, who I think were generally more GB-based than in Northern Ireland".
"This is a fundamental reason why there is this lack of confidence," he said.
