THE sister of Derry teenager Daniel Hegarty has said she is "heartbroken" after learning the Public Prosecution Service has launched an appeal over the Supreme Court ruling overturning a decision not to pursue charges against the British soldier who shot him dead.
The PPS said the application is being made as it believes the ruling in June raises questions that "have the potential to impact future cases".
The soldier who shot Daniel, known only as Soldier B, died last week.
Daniel, who was from Derry's Creggan area, was shot twice in the head in 1972, while his cousin Christopher Hegarty was also shot, but survived.
The youngsters were watching British army tanks being deployed as part of Operation Motorman when the shooting happened.
The army said Daniel had been carrying a nail bomb, but later retracted the claim, while an inquest in 2011 found the teenagers posed no risk to the soldiers, and no warning had been given before the shooting.
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In July 2021, the PPS said it would not pursue charges against Soldier B, but this was decision was overturned by the Supreme Court in June.
The PPS said it will now appeal to the Supreme Court after the ruling was "considered carefully".
“The PPS believes it necessary to now take steps to seek clarity on a number of legal issues raised by the ruling, a PPS spokesperson said.
“The PPS considers that the judgment raises questions of law of general public importance that are still relevant after Soldier B’s death and have the potential to impact future cases. We appreciate that this development has understandably added distress to the family of Daniel Hegarty so soon after the death of Soldier B. We do not wish to add to their upset in any way.
“However, the final Order of the Divisional Court issued on 12th September 2023 and notice to appeal must be given within a strict timeframe thereafter.”
Daniel Hegarty's sister, Margaret Brady, told The Irish News of her reaction.
"I can't get my head around it. I'm totally heartbroken over it," she said.
"I haven't received any contact from the PPS over this, and it just adds to the hurt my family has felt over the years."
SDLP leader Colum Eastwood said Daniel's family has been "treated disgracefully" by the PPS and the application “adds insult to injury”.
“There should be a full review of how this process has been conducted, how victims have been treated and, frankly, an apology for Daniel’s family,” the Foyle MP said.
