http://seachranaidhe-irishandproud.blogspot.com/2022/07/neil-mackay-if-afghan-death-squad.html

http://seachranaidhe-irishandproud.blogspot.com/2022/07/neil-mackay-if-afghan-death-squad.html
LEGAL cases in the North of Ireland against six retired British soldiers will not be affected by government efforts to prevent what it has described as “vexatious prosecutions”, it has been reported.
Cases are expected to proceed to trial against six former British soldiers including ‘Soldier F’, who faces murder charges over Bloody Sunday in Derry in 1972. The British government has been preparing legislation claimed to stop “vexatious” prosecutions of soldiers linked to the Troubles. The Sunday Times reported that the legislation will not affect the cases already under way, for which trials are expected to start at the end of this year or early in 2021. Government sources told the paper the legislation would not pass through parliament until the end of this year at the earliest.
“There is no existing mechanism for the government to step in with respect to prosecutions in the North of Ireland that are currently on going,” a senior government source said. “Changing the position regarding the government’s powers over prosecutions in the North of Ireland would require primary legislation and would be contrary to the devolution of policing and justice.” Tory MP Bob Stewart, a retired colonel, told the Sunday Times: “I don’t think this is justice for our soldiers who have been investigated number times and then brought before the North of Ireland courts. The prime minister promised he going to sort this out.” UK defence secretary Ben Wallace defended the government’s plans. “The government has repeatedly committed to ensuring equal treatment for veterans, most recently by the prime minister,” he said. “We continue to work with colleagues to deliver on that commitment and end the scourge of vexatious claims and repeated investigations.”
With many thanks to: The Irish News for the original story
TWO former Paratroop Regiment soldiers who fired on Official IRA man Joe McCann failed in their bid yesterday to stop their trial for the murder of the Belfast father of four on April 15th 1972.
Known only as Soldiers A and C, they had applied for their trial “to be stayed” on the grounds of delay and fairness. However, Mr Justice Maguire ruled that “the court is confident that the trial process should be able to deal effectively with the points raised” by their defence teams. A date for the trial of Soldiers A and C, whose addresses have been given as Salisbury House in London, will be fixed by the Crown Court next month for the murder of Mr McCann who was shot dead in Joy Street, close to his Markets’ home nearly 48 years ago.
Outside the Royal Courts of Justice his widow Anne and daughter Nuala (pictured below) and granddaughter Jodie, welcomed the decision, saying that the past four decades had “been very emotional, hard and frustrating”, but that they were “Very happy with the result” and that a trial will take place.said
Their solicitor Niall Murphy, of KRW Law, said following the eight-month-long extensive application the court had decided to dismiss it and the family were “looking forward to their day in court and can’t understand why the defendants would fear an independent examination of the facts” and that the family also “looked forward to a fair trial”.
With many thanks to: The Irish News for the original story
Follow these links to find out more: https://irishrepublicanmarxisthistoryproject.wordpress.com/2013/10/02/joe-mccann-official-ira/amp/
Dennis Hutchings, 78, who is dying of renal failure, has agreed to appear in person at his trial being held in Northern Ireland.
He had previously vowed not to attend, refusing to recognise the authority of a court in which he had been deprived of the right to a trial by jury.
However, a barrister for Mr Hutchings told Belfast Crown Court his client would appear in person during the non-jury trial, to take place in March.
Proceedings will have to be postponed at least two days each week so that Mr Hutchings can be taken to a hospital in Belfast for dialysis.
The delays will effectively double the length of the trial.
Mr Hutchings, a former member of the Life Guards regiment, has pleaded not guilty to the attempted murder of a man with learning difficulties during the conflict.
John Pat Cunningham, 27, died after being shot in the back as he ran away from an Army patrol near Benburb, Co Tyrone, in 1974.
The case has become a cause célèbre on both sides.
Mr Hutchings will be the first veteran to stand trial over a fresh wave of investigations being conducted by police looking at historic allegations during the conflict.
Mr Hutchings, from Cawsand in Cornwall, also denies attempted grievous bodily harm with intent.
In September, he appeared before a judge in Belfast by video link from Plymouth for his arraignment hearing.
Afterwards, he told hundreds of supporters outside Plymouth Crown Court that he would not attend the trial as he did not recognise the legitimacy of the system.
He previously failed in a Supreme Court challenge against the decision to hear his case without a jury.
At Belfast Crown Court yesterday, Ian Turkington, his barrister, told Mr Justice Colton: “It is his intention to participate in the trial here.”
Mr Turkington said arrangements were being made with Belfast City Hospital to enable Mr Hutchings to undergo dialysis, and he may require treatment three times a week by March.
The judge replied: “I will obviously accommodate any treatment that is required.”
Charles MacCreanor QC, for the prosecution, said it was important that Mr Hutchings had indicated he would attend after his previous “public pronouncements” had caused “concern”.
With many thanks to: The Telegraph and Robert Mendick for the original story
There was a heavy police presence at Dungannon Magistrates’ Court yesterday for the final stage of a hearing into the case of a former soldier accused of shooting a Catholic man dead more than 30 years ago.
Aidan McAnespie (23) was killed as he walked through an army checkpoint in Aughnacloy, Co Tyrone, having been struck by one of three bullets fired from a machine gun.
Although the hearing challenging the position of the Public Prosecution Service (PPS) is now complete, it will be later this month before a decision is taken over whether former Grenadier Guardsman David Jonathan Holden will be committed for trial for manslaughter.
Fifty-year-old Holden, whose address was given as care of his lawyer’s Belfast offices, appeared in court for the second day of a Preliminary Investigation (PI) wearing his regimental blazer, and with many supporters seated in the public gallery of the courtroom.
He is charged with unlawfully killing Mr McAnespie on February 21, 1988, who was on his way to a Gaelic football match.
Seated behind the dock were many family and friends of the deceased, as well as their supporters, including Sinn Fein MP Michelle Gildernew.
The matter was heard by District Judge Amanda Brady over the course of two days, the first of which was back in August.
The content cannot be reported at this time, although the final ruling can be disclosed as it will inform the decision over whether or not Holden will stand trial.
Holden was 18 at the time of the incident.
He now resides in England.
He listened intently to proceedings throughout and did not speak at any stage, save to confirm his identity.
After counsel for both the defence and prosecution concluded submissions, Judge Brady said: “I will take time to consider all evidence and submissions in this matter to establish if there is a case to answer.
“I will give a written ruling in due course.”
While no specific date has been set, it is expected the ruling will be delivered later this month.
Northern Ireland is the only part of the UK which continues to hold PIs, with other jurisdictions abolishing them some time ago.
It is the right of the defence to mount a PI in order to examine evidence of some or all PPS witnesses, with is recorded and signed off as statements.
Such hearings require specific court procedures, usually involving setting aside a specific venue.
A District Judge presides and, after hearing all evidence, will issue a ruling on whether or not the accused person is to stand trial.
With many thanks to the: Belfast Telegraph and Staff Reporter for the original story
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