Three leading judges have blocked the arrest and transfer to Northern Ireland of former paratroopers who face questioning over whether they committed alleged criminal offences on Bloody Sunday.
The judges “unhesitatingly concluded” at London’s High Court that there were no “reasonable grounds” for the fiercely opposed move and it would result in a risk to the men’s safety.
The judges declared in a joint ruling that there was no reason why the seven former soldiers, whose identities are being protected, could not be interviewed in England and Wales, where they live.
The ruling was a victory for the seven – referred to as B, N, O, Q, R, U and V – in their legal challenge against the Chief Constable of the Police Service of Northern Ireland.
The legal action follows the recent arrest of a former colleague of the men in Northern Ireland – the first former soldier detained. Lord Chief Justice Lord Thomas, Mr Justice Openshaw and Ms Justice Carr rejected accusations that they were being invited to provide the men with “special treatment” which could hinder the investigation into the deaths of 14 civil rights demonstrators in Londonderry 43 years ago.
They observed that the interviews were likely to be “short and straightforward” as all the men intended to “exercise their right to silence” in the interviews.
Kate Nash, whose 19-year-old brother William was killed, said: “We have fought for a very long time and we will continue to fight. If it takes us to go to England then so be it.”
“I was not surprised by the court ruling. It is very evident that the MoD and British Government are going to fight this tooth and nail all the way.”
But the Ulster Unionist MP Tom Elliott said: “Many people will feel that it is punitive and disproportionate to pursue individual members of the Parachute Regiment in relation to events more than 40 years ago.”
Press Association
