Northern Ireland

Brother of Bloody Sunday victim secures High Court permission to challenge decision to drop murder charges against British army veteran

James Wray (left) and William McKinney who were killed on Bloody Sunday
James Wray (left) and William McKinney who were killed on Bloody Sunday James Wray (left) and William McKinney who were killed on Bloody Sunday

A BROTHER of one of those shot dead on Bloody Sunday has secured High Court permission to challenge the decision to drop murder charges against a British army veteran.

Michael McKinney was granted leave to seek a judicial review of the Public Prosecution Service's determination that Soldier F should not stand trial.

With the case advancing to a full hearing, committal proceedings against the ex-paratrooper are now expected to be put on hold until September.

Thirteen people were killed when members of the Parachute Regiment opened fire on civil rights demonstrators in Derry on January 30, 1972. Another wounded on the day died later.

Soldier F was charged with the murders of William McKinney and James Wray, plus five counts of attempted murder.

Last week, the Public Prosecution Service (PPS) announced that he will not now stand trial.

The case against him was reviewed after the trial of two other military veterans for Troubles-era offences collapsed in Belfast earlier this year.

Based on an assessment of the admissibility of evidence, it was concluded that the test for prosecution was no longer met.

Michael McKinney's claim is that decision is legally flawed.

Relatives of five Bloody Sunday victims are already seeking to judicially review the PPS for not charging former soldiers with their murders.

Their case is listed for a hearing in September, and the court was told the separate challenges overlap.

Tony McGleenan QC, for the PPS, accepted Mr McKinney has an arguable case on two grounds centred on the admissibility of historical statements.

Following that concession, Mrs Justice Keegan, sitting with Mr Justice Horner, ruled that the legal test had been met.

"We will therefore grant leave (to apply for judicial review) on those two grounds," she confirmed.

Mr McKinney, who followed proceedings remotely from a community centre in Derry, said his family was delighted.

"The PPS should not have contemplated discharging Soldier F in circumstances where the High Court is already actively considering the decision making surrounding decisions not to prosecute F for his involvement in two further murders," he insisted.

"The position it adopted was a source of great distress to our family. This represents a victory for us and Jim Wray's family and those wounded by Soldier F."

Criminal proceedings against the former paratrooper were to be discontinued at Derry Magistrates' Court today.

Lawyers for Mr McKinney had initially sought an order to prevent the formal ending of murder charges.

But due to the legal developments, the PPS will now request an adjournment.