{"id":141554,"date":"2025-10-23T23:26:08","date_gmt":"2025-10-23T23:26:08","guid":{"rendered":"https:\/\/www.europesays.com\/ie\/141554\/"},"modified":"2025-10-23T23:26:08","modified_gmt":"2025-10-23T23:26:08","slug":"silence-in-court-as-soldier-f-who-sat-obscured-from-view-was-found-not-guilty-the-irish-times","status":"publish","type":"post","link":"https:\/\/www.europesays.com\/ie\/141554\/","title":{"rendered":"Silence in court as Soldier F, who sat obscured from view, was found not guilty \u2013 The Irish Times"},"content":{"rendered":"<p class=\"c-paragraph paywall \">In Court 12 of Belfast\u2019s Laganside court complex, there was silence. <\/p>\n<p class=\"c-paragraph paywall b-it-article-body__text--left\">There was silence from the families of those killed on <a href=\"https:\/\/www.irishtimes.com\/tags\/bloody-sunday\/\" target=\"_self\" rel=\"nofollow noopener\" title=\"https:\/\/www.irishtimes.com\/tags\/bloody-sunday\/\">Bloody Sunday<\/a>, and those injured on the day, and there was silence, too, from the dock, where Soldier F has sat, obscured from view behind a floor-to-ceiling blue curtain to protect his anonymity, for the duration of his trial for murder and attempted murder on January 30th, 1972. <\/p>\n<p class=\"c-paragraph paywall b-it-article-body__text--left\">He has been silent for these last five weeks, just as he has been largely silent in 53 years since he and other soldiers from the British army\u2019s elite Parachute Regiment opened fire on unarmed civilians at an anti-internment march in <a href=\"https:\/\/www.irishtimes.com\/tags\/derry\/\" target=\"_self\" rel=\"nofollow noopener\" title=\"https:\/\/www.irishtimes.com\/tags\/derry\/\">Derry<\/a>. <\/p>\n<p class=\"c-paragraph paywall b-it-article-body__text--left\">That day they shot dead 13 people; a 14th died later. Many of them were teenagers, many of them were running away in fear for their lives; all were innocent. <\/p>\n<p class=\"c-paragraph paywall b-it-article-body__text--left\">Four decades later, Soldier F would tell the <a href=\"https:\/\/www.irishtimes.com\/tags\/police-service-of-northern-ireland-psni\/\" target=\"_self\" rel=\"nofollow noopener\" title=\"https:\/\/www.irishtimes.com\/tags\/police-service-of-northern-ireland-psni\/\">Police Service of Northern Ireland<\/a> (PSNI) he no longer had any \u201creliable recollection\u201d of the events of Bloody Sunday, and therefore could not answer any questions. He declined to give evidence on his own behalf during the trial. <\/p>\n<p class=\"c-paragraph paywall b-it-article-body__text--left\">In the face of silence, others spoke out. The focus of this trial was \u201ca timespan of no more than a couple of minutes\u201d, Judge Patrick Lynch said as he<a href=\"https:\/\/www.irishtimes.com\/crime-law\/courts\/2025\/10\/23\/bloody-sunday-trial-belfast-court-delivering-soldier-f-verdict\/\" target=\"_self\" rel=\"nofollow noopener\" title=\"https:\/\/www.irishtimes.com\/crime-law\/courts\/2025\/10\/23\/bloody-sunday-trial-belfast-court-delivering-soldier-f-verdict\/\"> delivered his verdict<\/a> on Thursday, yet it left two people \u2013 William McKinney and Jim Wray \u2013 dead and others wounded. <\/p>\n<p class=\"c-paragraph paywall b-it-article-body__text--left\">In his lengthy judgment, running to almost three hours, he summarised the evidence of the many civilian witnesses as they described the chaos and panic in the courtyard of Glenfada Park North.  Joe Mahon had told how he saw a soldier spraying bullets from a gun held at his hip, how he lay beside the already wounded Jim Wray and watched as the soldier \u201cfired two shots into him\u201d, how he himself survived only by playing dead. <\/p>\n<p class=\"c-paragraph paywall b-it-article-body__text--left\"> This is a memory he will never, can never forget, just as so many others \u2013 the families of the victims, the injured, all those who were there on that day \u2013 live with their own memories, just as the collective memory of what happened on Bloody Sunday has become stitched into the fabric of the city. <\/p>\n<p class=\"c-paragraph b-it-article-body__interstitial-link\">[\u00a0<a aria-label=\"Open related story\" class=\"c-link\" href=\"https:\/\/www.irishtimes.com\/crime-law\/courts\/2025\/10\/23\/bloody-sunday-trial-belfast-court-delivering-soldier-f-verdict\/\" rel=\"noreferrer nofollow noopener\" target=\"_blank\">Former paratrooper Soldier F found not guilty of murder in Bloody Sunday trialOpens in new window<\/a>\u00a0]<\/p>\n<p class=\"c-paragraph paywall b-it-article-body__text--left\">In the years since, they have spoken these memories loud and often; a campaign  by the families of the victims led to the UK government announcing an inquiry into the atrocity, chaired by Lord Saville. <\/p>\n<p class=\"c-paragraph paywall b-it-article-body__text--left\">His report in 2010 was an official acknowledgment the victims were innocent and the killings \u201cunjustified and unjustifiable\u201d, and led to an apology from the British government. <\/p>\n<p class=\"c-paragraph paywall b-it-article-body__text--left\">Today it is worth rereading some of what that official record has to say about Soldier F. <\/p>\n<p class=\"c-paragraph paywall \">The report is \u201csure\u201d Soldier F \u201cfired &#8230; and mortally injured Michael Kelly\u201d.<\/p>\n<p class=\"c-paragraph paywall b-it-article-body__text--left\">It is \u201csure\u201d F and three others \u2013 E, G and H \u2013 \u201cbetween them were responsible\u201d for the casualties in Glenfada Park North: William McKinney and Jim Wray, who died, and four others who survived. <\/p>\n<p class=\"c-paragraph paywall \">It is \u201csure that Lance Corporal F fired at and shot Bernard McGuigan and Patrick Doherty\u201d, the last two to die on the day, and it is \u201chighly probable\u201d he was responsible for shooting others who survived. <\/p>\n<p class=\"c-paragraph paywall b-it-article-body__text--left\">Following a separate PSNI murder investigation, prosecutors in the North considered charges against 16 former British soldiers and two alleged former members of the Official IRA but concluded, in all but one case, the available evidence was \u201cinsufficient to provide a reasonable prospect of conviction\u201d. <\/p>\n<p class=\"c-paragraph paywall b-it-article-body__text--left\">That exception was Soldier F. The basis for his trial was statements given by other soldiers, G and H, in the aftermath of Bloody Sunday and to the Widgery and, in one case, Saville inquiry, which the prosecution argued placed Soldier F in Glenfada Park North and firing his weapon at the time the casualties occurred. <\/p>\n<p class=\"c-paragraph b-it-article-body__interstitial-link\">[\u00a0<a aria-label=\"Open related story\" class=\"c-link\" href=\"https:\/\/www.irishtimes.com\/culture\/heritage\/fintan-o-toole-bloody-sunday-the-10-minute-massacre-that-lasted-decades-1.4776688\" rel=\"noreferrer nofollow noopener\" target=\"_blank\">Fintan O\u2019Toole: Bloody Sunday, the 10-minute massacre that lasted decadesOpens in new window<\/a>\u00a0]<\/p>\n<p class=\"c-paragraph paywall b-it-article-body__text--left\">His defence was simply to discredit these statements, arguing they were unreliable and untruthful and simply did not \u201cstack up\u201d. <\/p>\n<p class=\"c-paragraph paywall b-it-article-body__text--left\">At the time an agreement was in place between the British army and RUC, which meant incidents of lethal force were investigated not by the police, but by the Royal Military Police (RMP). <\/p>\n<p class=\"c-paragraph paywall \">On the night of Bloody Sunday, as the city was coming to terms with what had happened on its streets, Soldiers G and H gave their first statements to the RMP. These were ordered, not volunteered, and were not given under caution, two factors that would normally preclude them from being used as evidence in court. <\/p>\n<p class=\"c-paragraph paywall \">Though in this case Judge Lynch ruled they could be admitted, there were other problems. G and H had been \u201cserially untruthful\u201d and perjured themselves, the judge said, and their statements could not be tested in court. <\/p>\n<p class=\"c-paragraph paywall b-it-article-body__text--left\">Yet there was much that could be said, and much that Judge Lynch did say. He was in no doubt that, between them, the soldiers known as E, F G and H were \u201cresponsible for the deaths and woundings in Glenfada Park North\u201d; the soldier(s) who had opened fire had done so \u201cwith the intention to kill\u201d and had not acted in self-defence. <\/p>\n<p class=\"c-paragraph paywall \">\u201cThey had totally lost all sense of military discipline,\u201d he said. Referencing the Parachute Regiment\u2019s \u201cproud record\u201d in the second World War, he said its memory had been \u201csullied by some of their successors, shooting in the back unarmed civilians fleeing from them in the streets of a British city\u201d. <\/p>\n<p class=\"c-paragraph paywall \">\u201cThose responsible should hang their heads in shame,\u201d he said. <\/p>\n<p class=\"c-paragraph paywall \">Yet, as Judge Lynch said, \u201cwhatever suspicions the court may have about the role of F\u201d, the fact remained that the evidence presented by the Crown \u201cfalls well short\u201d of the standard required, that proof beyond reasonable doubt. <\/p>\n<p class=\"c-paragraph paywall \">The only sound in the courtroom was the voice of Judge Lynch as he delivered his verdict: not guilty on all seven counts. <\/p>\n<p class=\"c-paragraph paywall b-it-article-body__text--left\">Still in silence, the families filed out of the courtroom. Though they had known this was the likely outcome, the drawn-out nature of the verdict had momentarily given them hope that perhaps they might secure a conviction. <\/p>\n<p class=\"c-paragraph paywall \">Their faces spoke of shock and disappointment but also resilience. There were tears but also arms around shoulders in support, and fists raised in defiance. <\/p>\n<p class=\"c-paragraph paywall \">\u201cSmile everybody, smile,\u201d shouted John Kelly, whose brother Michael was among the victims and who has been one of the most steadfast campaigners over the decades. <\/p>\n<p class=\"c-paragraph paywall \">\u201cWe got the b****** in court, and we made him f***ing sweat.\u201d He received a round of applause. <\/p>\n<p class=\"c-paragraph paywall \">\u201cSoldier F has been discharged from the defendant\u2019s criminal dock, but it is one million miles away from being an honourable discharge,\u201d William McKinney\u2019s brother Michael told reporters. <\/p>\n<p class=\"c-paragraph paywall \">\u201cUnlike his victims, there has been no declaration of Soldier F\u2019s innocence.\u201d <\/p>\n<p class=\"c-paragraph paywall b-it-article-body__text--left\">Everything went back to those initial statements, said the family solicitor Ciaran Shiels, and that agreement \u201cserved to insulate and protect them [soldiers] from any prospect of prosecution, and they knew it, and it just allowed them to murder with impunity\u201d. <\/p>\n<p class=\"c-paragraph paywall \">\u201cIt has resulted, directly resulted, in the Royal Military Police statements not being admissible in court, and ultimately that was how Soldier F walked free out of the back door of this court today,\u201d he said. <\/p>\n<p class=\"c-paragraph paywall b-it-article-body__text--left\">Clearly, this has been aided by the passage of time, the challenges of which were also referred to in court, not least in regard to the amount of evidence that simply no longer exists. <\/p>\n<p class=\"c-paragraph paywall b-it-article-body__text--left\">This is a reality for other families bereaved during the Troubles, still seeking truth or justice or both.  In this context, today\u2019s verdict is undoubtedly another setback. <\/p>\n<p class=\"c-paragraph paywall b-it-article-body__text--left\">It is a setback, too, in the wider context of so-called \u201clegacy issues\u201d, which remain stubbornly unresolved, and, despite the recent, much-heralded new approach by Irish and UK governments, remain deeply controversial in Northern Ireland. <\/p>\n<p class=\"c-paragraph paywall b-it-article-body__text--left\">Just witness the political divide in the reaction to today\u2019s verdict. Sinn F\u00e9in and SDLP politicians were in court supporting the families; members of the DUP took to social media to demonstrate their support by posting images of the Parachute Regiment\u2019s insignia online. <\/p>\n<p class=\"c-paragraph paywall \">Outside the court, the families vowed their fight will continue; their next goal, the prosecution of Soldier H for perjury. <\/p>\n<p class=\"c-paragraph paywall b-it-article-body__text--left\">But the likelihood is that  there will never again be a trial like that of Soldier F; never again will a soldier face charges of murder and attempted murder on one of the worst days of the North\u2019s Troubles, Bloody Sunday. <\/p>\n<p class=\"c-paragraph paywall \">\u201cIt was a big win,\u201d said Michael McKinney. \u201cWe took him to the wire.\u201d<\/p>\n","protected":false},"excerpt":{"rendered":"In Court 12 of Belfast\u2019s Laganside court complex, there was silence. There was silence from the families of&hellip;\n","protected":false},"author":2,"featured_media":141555,"comment_status":"","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[41],"tags":[45955,9,10,955,13,14,6,11,12,15,16,5,952,7,8,65,66,67],"class_list":{"0":"post-141554","1":"post","2":"type-post","3":"status-publish","4":"format-standard","5":"has-post-thumbnail","7":"category-world","8":"tag-bloody-sunday","9":"tag-breaking-news","10":"tag-breakingnews","11":"tag-derry","12":"tag-featured-news","13":"tag-featurednews","14":"tag-headlines","15":"tag-latest-news","16":"tag-latestnews","17":"tag-main-news","18":"tag-mainnews","19":"tag-news","20":"tag-police-service-of-northern-ireland-psni","21":"tag-top-stories","22":"tag-topstories","23":"tag-world","24":"tag-world-news","25":"tag-worldnews"},"share_on_mastodon":{"url":"https:\/\/pubeurope.com\/@ie\/115426071867968637","error":""},"_links":{"self":[{"href":"https:\/\/www.europesays.com\/ie\/wp-json\/wp\/v2\/posts\/141554","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.europesays.com\/ie\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.europesays.com\/ie\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.europesays.com\/ie\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.europesays.com\/ie\/wp-json\/wp\/v2\/comments?post=141554"}],"version-history":[{"count":0,"href":"https:\/\/www.europesays.com\/ie\/wp-json\/wp\/v2\/posts\/141554\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.europesays.com\/ie\/wp-json\/wp\/v2\/media\/141555"}],"wp:attachment":[{"href":"https:\/\/www.europesays.com\/ie\/wp-json\/wp\/v2\/media?parent=141554"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.europesays.com\/ie\/wp-json\/wp\/v2\/categories?post=141554"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.europesays.com\/ie\/wp-json\/wp\/v2\/tags?post=141554"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}