Bid to secure anonymity by troops charged with murder

A threat assessment is to be examined as part of attempts to secure anonymity for two ex-soldiers charged with murdering an Official IRA man in Belfast 45 years ago, a court has heard.
Joe McCann, a prominent Official IRA figure, was shot dead in Belfast in 1972Joe McCann, a prominent Official IRA figure, was shot dead in Belfast in 1972
Joe McCann, a prominent Official IRA figure, was shot dead in Belfast in 1972

A judge was told the former paratroopers may seek their own expert analysis on the risk to their lives from being named.

The defendants, known only as Soldier A and Soldier C, are facing prosecution for the killing of Joe McCann in April 1972.

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McCann, one of the Official IRA’s most prominent figures, was shot in disputed circumstances near his home in the city’s Markets area.

A police investigation conducted at the time resulted in no-one being prosecuted.

However, in 2013 a report by the now-defunct Historical Enquiries Team concluded the killing was not justified.

Files were then passed to the Public Prosecution Service (PPS), which reviewed the case and decided last year that Soldier A and Soldier C should be charged with murder.

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They are said to be surviving members of an Army patrol involved in the shooting incident. A third member of the unit has since died.

The pair, now aged in their 60s, are set to mount a legal bid to have proceedings thrown out before trial by contesting assertions that they have a case to answer.

But ahead of that preliminary inquiry their application for anonymity was due to be dealt with at Belfast Magistrates’ Court.

District Judge Fiona Bagnall was told an existing threat assessment document has been compiled by police and the Ministry of Defence.

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A lawyer for the former paratroopers indicated that they still have questions, and may need to instruct other experts.

Evidence is also being sought from a relative of one of the defendants who believes naming him could exacerbate an existing medical condition.

Opposing the request for an adjournment, a prosecution representative argued that it would against the interests of justice to put the case back.

It was contended that the defence have had a year to “get their house in order”.

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But the ex-soldiers’ lawyer insisted they were not at fault for a 45-year delay in bringing proceedings.

Agreeing to an adjournment, Judge Bagnall listed the case for four days in March to deal with both the anonymity application and preliminary inquiry.

McCann’s widow, Anne, and their daughters Aine and Nuala attended the hearing.

Outside court the family’s solicitor, Rosie Kinnear of KRW Law said they were disappointed but not surprised by the “latest delay tactic”.

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She added, however: “Nothing will stop the family continuing their campaign for justice for Joe.

“It has take 45 years for the facts of his murder to be heard in court and the family will continue to seek accountability from those responsible, regardless of the obstacles placed in their way.”

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