THE trial of former soldier Dennis Hutchings has heard of differing decisions made by the Historical Enquiries Team (HET) and PSNI following separate investigations into the June 1974 shooting of a Co Tyrone man with learning difficulties.
The 80-year-old former colour sergeant in the Life Guards denies the attempted murder of John Patrick Cunningham (27).
The Belfast Diplock-style non-jury trial heard while the HET concluded there were no new grounds to warrant the case being re-opened, the PSNI believed it should be.
The Belfast court heard Mr Hutchings was eventually arrested in April 2015 by the PSNI and brought back to Northern Ireland for questioning into the shooting of John Patrick Cunningham, who died in a field on the outskirts of Benburb village after being shot in the back.
Earlier a retired superintendent with Devon and Cornwall Police with over 30 years experience said following his HET investigation it was his "own personal recollection ... I did not see any grounds, to, or warrant the case being referred for potential arrest".
The senior investigator, who revealed the review into 'John Pats' shooting was one of a hundred cases he had looked at, said this was not only his view, but was also the conclusion of the "senior hierarchy of the HET" at the time, in 2012-2013.
The HET concluded it had no evidence to say which soldiers had opened fire, killing Mr Cunningham, or which weapons were used, and while Mr Hutchings was willing to be interviewed he had nothing to say.
In addition if interviewed under caution, it would be a 'no-comment interview' nor would he issue a 'statement' concerning the incident afterwards.
The court also heard during their review of the case they arranged for the Ministry of Defence to apologise for the shooting to 'John Pats' family.
The family were also told by representatives of the Director of Public Prosecutions their reasoning behind the original decision not to prosecute.
However, a PSNI detective chief inspector told trial judge Mr Justice O'Hara following their own review, one of eight to 10 carried out at that time, they came to the opposite decision.
The chief inspector, taken through a series of emails between senior PSNI officers, from the then Assistant Chief Constable down, revealed an opinion was also sought from a senior lawyer into their findings.
He said it was felt the "death of John Patrick Cunningham is a suspect homicide" before going on to outline the reasoning, rehearsed in the various emails, behind the PSNI decision to re-open the case.
The court heard while it was said two soldiers, including Mr Hutchings, opened fire that day with rifles they were lawfully carrying, they were bound by the army's own conditions outlining when they could open fire, and that "they have failed to provide and account as to why they opened fire".
It was also said the soldiers had not explained why Mr Cunningham was shot in the back at a distance of over 100 yards, and that it was the opinion of senior counsel there would be nothing wrong in the soldiers being questioned under caution.
The chief inspector said it was "eventually decided to arrest Dennis Hutchings", initially for the murder of Mr Cunningham, and as a result that it would be necessary for him to be interviewed, and in Northern Ireland.
Again referring to his papers, the chief inspector explained that the original interviews of the soldiers was deemed to be "ineffective ... arguably grossly substandard" as no attempt was made to establish the facts.
During their original interviews the soldiers, the court heard, were asked only "six questions ... but no questions were put to them to account for their actions".
At hearing.
