A certificate of default is to be issued against a former soldier refusing to appear at an inquest into the deaths of three IRA men in an alleged shoot-to-kill operation, a High Court judge has ruled.
The British Army veteran could now face potential punishment by a court in Scotland for defying a subpoena to attend the tribunal examining the circumstances surrounding the fatal SAS ambush.
He was part of a special military unit involved in an operation which led to the deaths of Peter Ryan, Tony Doris and Lawrence McNally at Coagh, Co Tyrone in June 1991.
The three men were intercepted on suspicion of planning to murder a member of the security forces.
Relatives of the deceased have alleged that soldiers unlawfully opened fire and intended to kill.
An ongoing inquest into their deaths is examining whether the use of lethal force was justified.
Granted anonymity and referred to as Soldier F, the ex-serviceman helped plan the operation and discharged his weapon at the scene.
Earlier this year the coroner ruled that he should give oral evidence because of his importance in dealing with issues central to the inquest.
Despite providing a witness statement, Soldier F made it clear that he would not appear voluntarily to testify and face cross-examination.
He denies any wrongdoing but expressed concern that he could be referred to the Director of Public Prosecutions and ultimately face criminal proceedings.
With the inquest in its closing stages, two High Court judges have already endorsed moves to have him compelled to attend.
Last month the coroner asked for a certificate of default to be transmitted to the Court of Session in Edinburgh over his refusal to comply with the subpoena.
Counsel for Soldier F argued that it should not be issued due to the risk he would be prejudiced at any future hearings.
He told the court his client will not attend the inquest under any circumstances, after receiving legal advice about the possible ramifications.
However, Mr Justice Scoffield said: “It remains to be seen whether Soldier F remains steadfast in that position if there is a more immediate prospect of punishment for contempt.
“Even assuming that his position remains unchanged, it cannot be the case that Soldier F can avoid contempt proceedings at this stage simply on the basis of continued expressed unwillingness to comply with his legal obligation.”
He also rejected submissions that any contempt hearing in Scotland would be unfair because the veteran could be subjected to imprisonment, unlike the £1,000 fine available in Northern Ireland.
No risk of serious prejudice to his right to a fair trial in any future proceedings has been established, the judge held.
Mr Justice Scoffield confirmed: “I intend to issue a certificate of the default of Soldier F under the seal of the High Court and I will direct that this be transmitted to the Court of Session in Edinburgh.”