A Ministry of Defence (MoD) appeal against a decision to award the family of a man killed on Bloody Sunday an extra payment of £15,000 has been dismissed by the Court of Appeal.
Senior judges rejected claims that Bernard McGuigan’s relatives were not entitled to the aggravated damages for injury to his feelings.
The MoD argued against the payment because he died instantly.
Mr McGuigan was shot as he went to the aid of another man.
Thirteen people were killed and 15 wounded when members of the Army’s Parachute Regiment opened fire on civil rights demonstrators in Derry on Sunday 30 January 1972.
On Thursday, judges backed a finding that Mr McGuigan, a father-of-six, would have experienced fear and dread when members of the Parachute Regiment opened fire.
Lord Justice McCloskey said: “All of this conduct… was capable of generating in every person of normal mental fortitude in the area a reasonable apprehension of being shot or wounded.”
In 2010 the Saville Inquiry into the shootings established the innocence of all of the victims.
Those findings led to the then Prime Minister David Cameron issuing a public apology for the soldiers’ actions.
He described the killings as “unjustified and unjustifiable”.
Liability has been accepted by the MoD in legal actions taken against it by those bereaved or injured.
Court proceedings have centred on the level of damages in each case, with more than £3m in total paid out to date.
Mr McGuigan, known as Barney, was a painter and decorator.
He was shot at the Rossville Flats area as he went to the aid of 31-year-old Patrick Doherty, who was also shot dead on the day.
The 41-year-old had been waving a handkerchief or towel when he was hit by a bullet to the head, killing him instantly.
A claim by his estate was settled for £258,000.
A High Court judge then awarded a further £15,000 in aggravated damages.
He found that the soldier’s actions would have “filled the deceased with fear and dread, coupled with a strong sense of indignation and hurt at being the innocent victim of a blatant, unprovoked and unjust attack by members of the Army.”
The MoD went to the Court of Appeal to challenge the additional award, claiming it was wrong in law because Mr McGuigan’s death was instantaneous.
But counsel for his family insisted the payout was justified by the terror he experienced during the shootings.
Mr McGuigan had been sheltering behind a wall when he went out to try to offer help, clearly aware he was put himself in danger, the court heard.
“That’s why he was waving the piece of towel as he went out,” the family’s barrister submitted.
Ruling on the appeal, Lord Justice McCloskey described the MoD’s case as unsustainable and affirmed the £15,000 compensation for aggravated damages.
He also made an award of costs of the hearing against the MoD.
With many thanks to: BBC NewsNI for the original story
Follow these links to find out more: https://www.belfasttelegraph.co.uk/news/northern-ireland/ex-soldier-doug-beattie-says-mod-bid-to-withhold-money-from-family-of-bloody-sunday-victim-wrong-38935472.html
(3)-: https://www.derryjournal.com/news/people/mod-lose-appeal-against-sunday-compensation-1-9226364
With many thanks to: https://m.facebook.com/ParkheadRepublicanFluteBand/
The Bloody Sunday families will fight “tooth and nail” to prevent the Soldier F murder case being moved out of Derry. Michael McKinney, whose brother, William was among those gunned down in cold blood by British Paratroopers said his family would not allow his brothers murder to be treated differently than any other victim. Mr McKinney (pictured below) was speaking after District Judge Barney McElholm suggested the case be moved to Belfast to ensure a suitable venue was available.
Soldier F is facing two murder charges in connection with the 1972 murders of 13 innocent victims on Bloody Sunday.
“We as a family will not let Willie be treated differently from any other victim” – Michael McKinney
The former British Paratrooper is to be charged with the murder of William McKinney and Jim Wray (both pictured in the featured image) as well as four counts of attempted murder. He denies the charges. At a preliminary hearing in Co Derry yesterday – at which ‘Soldier F’ was not present – a Public Prosecution lawyer said a decision must be taken on a venue for the case in the near future. Judge McElholm said it looked likely that the case would have to be moved out of Derry. “We cannot convene this in just some hall or public space. There are considerations of security,” he said. “We are willing to listen to any opposition put to us. “At the moment, despite trying to get somewhere closer to the city, I am afraid Belfast looks like the venue.” Solicitor for the Bloody Sunday families, Ciaran Shiels, said the case should be heard in Derry.
“This is where the killings occurred, a stone’s throw from these buildings,” he said. “We have always been of the view that ‘F’ should be attending here in person at his committal and that remains the position.” He said other arrangements could be made to overcome any logistical challenges while, in security terms, police favoured Derry over Belfast.
His comments were echoed by Mr McKinney, who said the Bloody Sunday families were determined that ‘Soldier F’ should stand trial in Derry. “My brother was an innocent young Derry man who was shot dead on the streets of his hometown and now there are moves to take the trial out of Derry,” he said. “We’ll fight tooth and nail to keep this case in Derry.”
Follow this link to find out more in 1971 11 people were murdered in Ballymurphy by by the same British Army regiment who murdered 13 innocent people on Bloody Sunday in Derry: https://m.facebook.com/story.php?story_fbid=2295906417095915&id=100000297382246
The families are also opposing moves to continue anonymity for ‘Soldier F’. Mr Shiels said he been informed that if ‘Soldier F’ wished to maintain his anonymity, his lawyers should set out in detail the legal provision on which they rely.
The Bloody Sunday families have two weeks to make submissions challenging the decision to move the hearings to Belfast. The case has been adjourned until February 7th 2020.
McDonald’s has issued an apology for a Halloween advert running in their Portugal stores using the slogan ‘Sundae Bloody Sundae’.
The poster which has caused outrage on social media was posted by a customer who spotted it in one of the fast-food outlets branches in Portgual.
Posting a photo of the advert on Twitter, the customer captioned the picture: “Portugal is cancelled.”
Thirteen people were killed and 15 people wounded after members of the British Army’s Parachute Regiment opened fire on civil rights demonstrators in the Bogside area of Derry on Sunday 30 January 1972.
The day became known as ‘Bloody Sunday’, one the darkest days of The Troubles in NI.
A spokeswoman for McDonald’s said: “When promoting its Halloween Sundae ice cream, McDonald’s Portugal developed a local market activation for a small number of its restaurants in Portugal.
“The campaign was intended as a celebration of Halloween, not as an insensitive reference to any historical event or to upset or insult anyone in any way.
“We sincerely apologise for any offence or distress this may have caused. All promotional material has been removed from restaurants.”
With many thanks to: Belfast Live and Sheena McStravik for the original story
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