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EIGHT FORMER BRITISH soldiers who were investigated over allegations of giving false evidence about the events of Bloody Sunday will not be prosecuted, the Public Prosecution Service (PPS) in Northern Ireland has said.
The PPS said the “evidential threshold to proceed with a prosecution has not been met”.
Foyle MP Colum Eastwood has described the PPS decision as “incredible”.
Thirteen people were shot dead when members of the British Army’s Parachute Regiment opened fire on civil rights protesters in the Bogside area of Derry on 30 January 1972. It is regarded as one of the darkest days of The Troubles.
In April 2024, the PPS decided not to prosecute 16 people in relation to allegations of false evidence given to the Bloody Sunday Inquiry.
The PPS subsequently received a request on behalf of the families of eight victims to review the decisions taken in relation to former soldiers known as Soldiers F, H, J, M, P, S, U and V.
Last year, a former paratrooper, Soldier F, was cleared of killing two civilians during Bloody Sunday, at a criminal trial in Belfast Crown Court.
Following the trial, Judge Patrick Lynch said two of the witnesses in the case – Soldiers G and H – had been “serially untruthful about matters central to events giving rise to this prosecution”.
“They have committed perjury, G once to the Widgery Inquiry and H twice to the Widgery and Saville Inquiries,” the judge said.
The PPS said the review reached a similar conclusion to the original decision.
It said that much of the evidence that was relied upon by the Bloody Sunday Inquiry, including accounts provided by soldiers in 1972, would not be admissible in any prosecution of the soldiers for perjury or perverting the course of justice.
In a statement, a PPS spokesperson said the review is now complete.
“After a careful analysis of all available evidence and the legal submissions made by the family legal representatives, it has been concluded that the evidential threshold to proceed with a prosecution has not been met,” the spokesperson said.
The standard of proof required to obtain a conviction in a criminal prosecution is high.
“The prosecution must establish beyond a reasonable doubt the commission of a criminal offence by an identified individual. Prosecutors must make an independent assessment of the prospects of conviction based upon the evidence that would be admissible in criminal proceedings.”
The spokesperson added: “It is recognised that this outcome does not reflect the hopes and expectations of the Bloody Sunday families, and that it will come as another deeply disappointing day after decades of seeking justice for their loved ones.
“A detailed written explanation has been provided to the families to assist them in understanding our decision.
They emphasised that the decision “in no way” diminishes the findings by the Bloody Sunday Inquiry.
“A public inquiry and a criminal trial are very different processes and much of the material upon which the inquiry could rely would not be available to the prosecution having regard to the rules of evidence that apply to criminal proceedings.”
Solicitor Ciaran Shiels, who represents several of the Bloody Sunday families, has criticised the PPS decision.
SDLP MP Colum Eastwood said it is “impossible to overstate the scale of the burden that has been placed on the families of the dead and injured on Bloody Sunday”.
“For more than 50 years, they have had to fight every conceivable institution of the state for truth, justice and accountability. Today, again, they have been badly let down by the incredible decision not to prosecute soldiers for perjury during the Widgery and Saville Inquiries,” Eastwood said.
He added: “As I always have, and as the people of Derry always have, we will fully support the Bloody Sunday families in the days and weeks ahead.
These families are leaving no stone unturned in their pursuit of justice and we’re with them every step of the way.
Mickey McKinney, whose brother William McKinney was killed on Bloody Sunday, said the decision came as “no surprise”.
“More than 15 years have passed since detailed submissions were served on the PPS by our lawyers following their consideration of the Bloody Sunday Inquiry’s findings,” he said.
“The delay in investigating the false evidence given and in arriving at today’s decision has been outrageous.
“Today we have instructed our lawyers to consider this decision with the view to commencing yet another legal challenge to today’s decision.”
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