The Public Prosecution Service has been severely criticised over its handling of the 1972 killing of Derry teenager Daniel Hegarty after the soldier responsible passed away.
The 15-year-old’s family condemned delays in the case after the soldier, known only as Soldier B, died last Thursday.
Daniel, from Creggan, was shot twice in the head in July 1972. His cousin, Christopher Hegarty was also shot but survived. The two teenagers, along with Christopher’s brother Thomas had left their homes to watch British army tanks being deployed during Operation Motorman to reclaim the Creggan “no-go area” which had been controlled by paramilitaries.
Following his death, the British army claimed the teenager was carrying a nail bomb. However, this claim was later retracted. A fresh inquest into the death in 2011 found that none of the three teenagers posed any risk and that the soldier responsible did not give a warning. The British government also apologised for previously describing Daniel as a terrorist.
The victim’s family subsequently fought a long case to have Soldier B prosecuted, forcing the PPS to reverse a decision in 2021 to drop the case for what it claimed were legal reasons.
Responding to Soldier B’s death, the victim’s sister, Margaret Brady said her family took “no delight” in the news. Mrs Brady criticised the PPS for “dragging out” the case. She said prosecutors did not want to prosecute Soldier B for “murdering a child”.
“They had to be dragged by us to that position during the course of almost 15 years of painful litigation,” Mrs Brady said.
Mrs Brady called on the PPS to locate a second soldier who was present, Soldier A, and to force him to shed more light on her brother’s death. The family intends having Mass offered for Soldier B.
Read more:
- Daniel Hegarty: Decision to halt prosecution of former British soldier for murder to be quashed
- Daniel Hegarty: Family of teenager shot by soldier 'disgusted' over lack of communication from PPS
SDLP leader, Colum Eastwood was also critical of the way the PPS had dealt with the case, saying the Hegarty family had to “fight a lifetime for truth”.
The Derry MP said: “There have been serious institutional failings in this case that have badly let the Hegarty family down. The PPS decision to drop the case in 2021 was a significant blow and forced this family to fight for their right to justice”.
Director of Public Prosecutions Stephen Herron said that when the PPS was made aware of a defendant’s death, it ended any potential prosecution.
“Given the history of this case, I can understand some of the views expressed by the family. However, we strongly refute any suggestion that the PPS acted contrary to the administration of justice or sought to improperly stop or delay any prosecution of Soldier B.
“At all times the decision-making was undertaken in good faith on the basis of an impartial analysis of the available evidence and relevant legal principles and with the assistance of advice from independent senior counsel,” Mr Herron said.
