Judge allows key evidence in Bloody Sunday Soldier F trial; case to proceed

BELFAST, Northern Ireland — The trial of the only soldier to face charges over Bloody Sunday will proceed after a judge ruled that key statements from two of his comrades could be admitted as evidence. The veteran, known as Soldier F, is accused of the killings of James Wray, 22, and William McKinney, 26, during the civil rights march in Londonderry in January 1972. He is also charged with the attempted murders of Patrick O'Donnell, Joseph Friel, Joe Mahon, Michael Quinn and an unknown person. Soldier F sits behind a curtain in Court 12 to protect his identity.

Judge Patrick Lynch said the statements, recorded by the Royal Military Police in January and February 1972 and later presented to the Widgery Inquiry, could be admitted. Soldier F’s lawyers argued the statements were inadmissible because the soldiers were compelled to speak, they were not cautioned, and they had no opportunity to obtain legal representation. Prosecutor Louis Mably KC acknowledged that the statements provide the only evidence capable of proving that Soldier F fired. He warned that, without them, the rest of the evidence would not be sufficient to sustain a conviction. Having carefully considered the arguments, the judge said the statements should be admitted into evidence in this case. The Crown case, by their own acknowledgment, is totally dependent upon hearsay statements attributed to two soldiers from the same regiment and the same four-soldier group as the defendant.

There were jubilant scenes among relatives of those killed on Bloody Sunday following the ruling, with families hugging one another after spilling out from a packed public gallery. Paul Young of the Northern Ireland Veterans Movement expressed disappointment following the ruling in a brief statement. "The decision today will be met with great disappointment by the veterans who served in Northern Ireland," he said.

The trial continues.

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Thirteen civil rights protesters were shot dead by soldiers on Bloody Sunday in Londonderry in 1972, a day that became one of the defining moments of the Troubles. The shootings prompted an apology from then-Prime Minister David Cameron in 2010 for the deaths, described as unjustified and unjustifiable. The Saville Inquiry, launched in 1998 and lasting 12 years, analyzed the events and cost about £200 million, making it the longest and most expensive public inquiry in British legal history. A murder investigation was launched after the inquiry concluded the victims were innocent. Despite the inquiry’s findings, prosecutions relating to Troubles shootings have been controversial, with veterans arguing that many cases target servicemen unfairly while some IRA perpetrators avoided prosecution under the Good Friday Agreement.

On the trial’s opening day, prosecutor Louis Mably KC argued that Soldier F and three of his comrades followed men who were attempting to escape the violence and opened fire with self-loading rifles, killing two and wounding four. The civilians, he said, did not pose a threat. Soldier F is supported in court by a number of Army veterans, and he maintains his innocence as the trial proceeds.