Co Armagh man struck and partially blinded by a plastic bullet loses bid for compensation

A Co Armagh man struck and partially blinded by a plastic bullet as a schoolboy has lost his legal battle to obtain £225,000 compensation.

The Court of Appeal upheld a previous finding that the British soldier who fired the round which struck Gavin McKenna used reasonable force.

Rejecting a case based on allegations of negligence, Lord Justice McCloskey declared that the claim was unsustainable.

Mr McKenna, then aged 13, was hit in the face by the plastic bullet fired near the staunchly republican Kilwilkie estate in Lurgan in April 1997.

He sued the Ministry of Defence over the permanent eye injury sustained while out gathering wood for a bonfire with two friends.

The MoD argued reasonable force had been deployed after a six-man Royal Irish Regiment foot patrol was targeted by up to 30 other youths hurling stones, bricks and bottles.

A single, aimed baton round was fired at another identified target in the crowd because of the risk to the soldiers’ lives and wellbeing, according to the Army’s account.

With the level of potential damages agreed at £225,000, the case centred on a dispute over liability.

In evidence Mr McKenna recalled being hit by the plastic bullet as he stood up in a field beside the Antrim Road.

He stated that he was unaware of any British Army unit in the area and specifically denied involvement in any public disorder.

The former lance corporal who fired the round said one group of youths came out of the Kilwilkie estate to attack his unit before a second crowd emerged from a wooded area to throw more missiles.

Along with a senior ranking colleague, he became separated from the other four members of their patrol and feared they were going to be completely cut off as part of a planned ambush.

He was ordered to fire the baton gun at another youth 30 metres away with a Celtic scarf over his face and apparently getting ready to throw a rock, the court heard.

He aimed at the target’s legs but could not say who the round struck.

Counsel for Mr McKenna described him as an innocent victim who “never got the rub of the green” in the action.