AN ex-soldier being sought for a legal action over the fatal shooting of an IRA man nearly 50 years ago has died, the High Court has heard.
Two other British Army veterans have been identified and are set to give evidence remotely in a civil action against the Ministry of Defence (MoD) for the killing of Stan Carberry.
Mr Carberry (34) died in disputed circumstances on the Falls Road, west Belfast in November 1972.
The father-of-six was in a hijacked car when members of an army patrol opened fire.
Soldiers told an inquest they had been shot at from the passenger side of the Vauxhall Viva.
But others claim the republican was in the driver's seat and killed as he tried to surrender.
The dead man's son, Stan Carberry Jr, is suing the MoD for the alleged unjustified use of lethal force.
His claim has been on hold amid efforts to trace four unnamed former servicemen believed to have been at the scene.
In court on Wednesday counsel for the MoD, David Dunlop QC, confirmed that three of the veterans have now been identified.
"Soldier A sadly passed away over the summer," he said.
Mr Justice McAlinden was told that two others, referred to as Soldier B and Soldier C, have been located.
Mr Dunlop indicated: "Their names would be disclosed but no further information to identify them would be provided."
However, both of those ex-soldiers could still seek independent legal advice before they consent to testifying.
The case was listed for recommencement in January.