Northern Ireland

Judge quashes decision not to proceed with Soldier F Bloody Sunday prosecution

 A decision by the PPS to discontinue the prosecution of Soldier F for the murders of James Wray and William McKinney on Bloody Sunday in Derry in 1972 has been quashed at the High Court in Belfast.
 A decision by the PPS to discontinue the prosecution of Soldier F for the murders of James Wray and William McKinney on Bloody Sunday in Derry in 1972 has been quashed at the High Court in Belfast.  A decision by the PPS to discontinue the prosecution of Soldier F for the murders of James Wray and William McKinney on Bloody Sunday in Derry in 1972 has been quashed at the High Court in Belfast.

A decision by the Public Prosecution Service (PPS) to discontinue a murder prosecution of Soldier F for two deaths on Bloody Sunday in Derry in 1972 has been quashed at the High Court in Belfast.

Delivering the ruling, Lady Chief Justice Mrs Siobhan McKeegan said the decision by the PPS not to continue the prosecution “crossed the threshold of irrationality”.

The PPS announced last year it was discontinuing the prosecution of Soldier F for the murders of James Wray and William McKinney amid concerns the case could collapse in light of a separate court ruling on the admissibility of evidence which caused the collapse of another Troubles murder trial involving two military veterans.

The McKinney family then launched a judicial review to challenge the PPS decision.

Delivering the verdict on Wednesday, the Lady Chief Justice said: “We consider that the decision crosses the threshold of irrationality where it simply does not add up, or in other words there is an error of reasoning which robs the decision of logic.

“It follows that the matter should remain with the PPS to reconsider the decision.

“There has already been considerable delay in the criminal process and so it may be that the swiftest and most effective course is actually for the district judge to be asked to rule on the admissibility issue in the first instance.

“It may be that public confidence in the interests of justice are best served by a definitive judicial determination on this issue by a court properly seized of the merits.

“The PPS will now have to decide on the next steps.”

However, judicial reviews taken by a number of other Bloody Sunday families to challenge the PPS not to take prosecutions against five other veterans were dismissed by the court.

The Lady Chief Justice said she considered there was “no error in law” in these decisions.

Bloody Sunday was one of the darkest days in Northern Ireland’s history, when British soldiers shot dead 13 civil rights protestors in the Bogside area of Derry.

Another man shot by paratroopers on January 30 1972 died four months later. While many consider him the 14th victim of Bloody Sunday, his death was formally attributed to an inoperable brain tumour.

William McKinney's brother Mickey said: "We are delighted for our own family but also for the family of Jim Wray and those who were wounded in Glenfada Park.

"It was with regret that we were forced to bring these proceedings in the first place but the PPS did not engage with us properly in respect of its decision-making, but in fact came to Derry last July and presented us with a determination it had already decided upon.

"As the court has remarked today, this was in breach of the Charter for Victims and forced our hand."

Mr McKinney said he hoped the court ruling meant his family was a step closer to getting justice.

He said: "On the Soldier F case, the judge has put it back to the PPS to reconsider their decision. We are pleased at that.

"Hopefully this will now move things on and get the case started.

"I hope this is a step closer to justice. This thing has been dragged out for so many years it is just ridiculous.

"Hopefully things will start moving now and we will get him into court and get justice."