Northern Ireland

PPS defends decision to prosecute British Army veteran Dennis Hutchings

Dennis Hutchings 
Dennis Hutchings  Dennis Hutchings 

The Public Prosecution Service (PPS) has defended its decision to prosecute former British soldier Dennis Hutchings over the death of John Pat Cunningham in 1974.

Mr Hutchings (80) died in hospital in Belfast yesterday after contracting Covid-19. He had been travelling to Northern Ireland from his home in England to stand trial for attempted murder. 

Deputy Director of Public Prosecutions Michael Agnew said the decision to prosecute had been taken "after an impartial and independent application of the Test for Prosecution".

"The Test for Prosecution requires a consideration of whether the available evidence provides a reasonable prospect of conviction and, if it does, whether prosecution is in the public interest.

“Whilst a review of a previous no prosecution decision does not require the existence of new evidence, the police investigation in this case resulted in a file being submitted to the PPS which included certain evidence not previously available. 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 added.

The senior PPS figure extended his sympathies to the family and friends of Dennis Hutchings and said the thoughts of the prosecution service were "also with the family of John Pat Cunningham who have waited for many decades in the hope of seeing due process take its course".

"We acknowledge that they, like so many other families who have lost loved one throughout the Troubles, continue to endure pain and deep disappointment over the absence of a criminal justice outcome in their case.”

John Pat Cunningham was shot dead by the British Army in 1974
John Pat Cunningham was shot dead by the British Army in 1974 John Pat Cunningham was shot dead by the British Army in 1974

Mr Agnew said the PPS had been "fully supportive" of all measures put in place by the trial judge which included reducing the number of days the court sat to allow Mr Hutchings to receive dialysis for kidney disease "and an offer for him to appear remotely instead of appearing in the dock".

"There were also significant adjournments of court hearings at different stages of the process to accommodate Mr Hutchings and allow him to travel."

In July, the British Government announced plans for a statute of limitations that would end all prosecutions for Troubles incidents up to April 1998.

Mr Hutchings' solicitor Philip Barden, from law firm Devonshires, said the statute of limitations should be known as Dennis's Law.

Mr Barden said that had Hutchings given evidence at his trial, he would have said that he did not shoot Cunningham, but that he had fired "air shots".

DUP leader Jeffrey Donaldson had this morning called on the PPS to reveal what new and compelling evidence had led to Mr Hutchings' trial.

Mr Donaldson said the British Army veteran, who was a former member of the Life Guards regiment, had been investigated at the time of Mr Cunningham's death in 1974.

Mr Cunningham was shot in the back as he ran away from an army patrol across a field near Benburb in Co Tyrone. He died in the field. People who knew the 27-year-old said he had the mental age of a child and was known to have a deep fear of soldiers.

“So it is not a question of this being something new, and therefore the question I have for the PPS is what was the new and compelling evidence that meant it was in the public interest to bring an 80-year-old in ill health on dialysis at severe risk to his health before the courts, and I think that is an entirely valid question that I am entitled to ask this morning,” Mr Donaldson told the BBC this morning.

The family of John Pat Cunningham have responded to Mr Hutchings' death.

In a statement, the Cunningham family said they wished to acknowledge that this is a difficult time for the Hutchings family, adding they should be given time to grieve.

"When the time is judged appropriate, the family will respond in more detail to the issues surrounding the prosecution of Dennis Hutchings," they said.

Read more:John Pat Cunningham: The uncontested facts

Downing Street said the "tragic" case illustrated the problems of pursuing historical allegations through the courts.

The prime minister's official spokesman said: "Our sincere condolences go to the family, friends and loved ones of Dennis Hutchings.

"The Ministry of Defence supported Mr Hutchings throughout his trial with legal representation and pastoral care, and that will continue to be offered to his family."

The spokesman said "it's not for me to comment on the court proceedings", but added: "This tragic case highlights that the criminal justice approach broadly is no longer working and that is why we are committed to introducing new legislation to bring greater certainty for all communities, including the veterans and families of victims."

Former veterans minister Johnny Mercer said he was "fiercely proud" of Mr Hutchings, tweeting: "I'm devastated by the death of my dear friend Dennis Hutchings.

"He was polite, kind, generous and strong. He was determined to prove his innocence against the unrelenting efforts of those who wish to rewrite the history of the conflict in Northern Ireland against his generation of servicemen and women who bled and died to keep the peace.

"I have huge admiration and respect for his resilience, and that of his family and his partner Kim.

"In a nation that is quick to forget the price of the freedoms we enjoy, it was a privilege to be close to him, and I remain fiercely proud of him."

Raymond McCord, whose son was murdered by loyalist paramilitaries in north Belfast in 1997, said he cannot understand politicians criticising the justice system.

Speaking ahead of a meeting in Westminster with other victims of the Troubles and MPs about a proposed ban on future prosecutions related to the conflict, Mr McCord told the PA news agency that what Dennis Hutchings faced was done in a "democratic fashion" through the courts.

"What happened to my son and all these other people here wasn't done in a democratic fashion. Their family members were murdered," he said.

Mr McCord said the nine people who have travelled to Westminster for the meeting have lost 15 people in the Troubles.

Talking about the death of Hutchings, Mr McCord said the Hutchings family have the consolation that he was not murdered.

"Thank God for the family that didn't happen. The man can go to his grave in a coffin.

"My son was buried in a closed coffin," he said.

Read more:John Pat Cunningham: The uncontested facts

The full statement from Michael Agnew of the PPS:

“The Public Prosecution Service commenced proceedings against Dennis Hutchings in 2015 in connection with the 1974 death of John Pat Cunningham after a careful consideration of a wide range of issues, including the strength of evidence against him and the relevant public interest considerations. The case had been reviewed following a referral to the PPS by the Attorney General, which led to a subsequent PSNI investigation following which Mr Hutchings was charged by police.

“The PPS decision to prosecute Mr Hutchings for attempted murder was taken after an impartial and independent application of the Test for Prosecution. The Test for Prosecution requires a consideration of whether the available evidence provides a reasonable prospect of conviction and, if it does, whether prosecution is in the public interest.

“Whilst a review of a previous no prosecution decision does not require the existence of new evidence, the police investigation in this case resulted in a file being submitted to the PPS which included certain evidence not previously available. 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.

“We recognise the concerns in some quarters in relation to the decision to bring this prosecution.

“We would like to offer our deepest sympathies to the family and friends of Mr Hutchings and acknowledge their painful loss.

“However, where a charge is as serious as attempted murder, it will generally be in the public interest to prosecute. The High Court has recently observed, in a separate case relating to a shooting in 1972, that risks arising from ill-health are commonplace in the criminal justice system and such risks are accommodated within the existing legal framework of criminal trials and the adoption of appropriate measures to mitigate risk. 

“In this case the PPS was fully supportive of all measures put in place by the trial judge which included reduced sittings to allow for Mr Hutchings’ treatment and an offer for him to appear remotely instead of appearing in the dock. There were also significant adjournments of court hearings at different stages of the process to accommodate Mr Hutchings and allow him to travel.

“We can assure the public that all decision-making in this challenging and complex case was taken impartially and independently and fully in accordance with the PPS Code for Prosecutors.

“Our thoughts are also with the family of John Pat Cunningham who have waited for many decades in the hope of seeing due process take its course. We acknowledge that they, like so many other families who have lost loved one throughout the Troubles, continue to endure pain and deep disappointment over the absence of a criminal justice outcome in their case.”

Read more:John Pat Cunningham: The uncontested facts