Family of Donegal teenager murdered by loyalists to get damages in alleged security force collusion case settlement
The family of a Donegal teenager murdered by loyalists is to receive undisclosed damages in a settlement reached over alleged security force collusion with the killers.
Henry Cunningham, 16, was shot dead in August 1973 after UVF gunmen ambushed his work van near Randalstown, Co Antrim in August 1973.
His brothers, Robert and Herbert, were also among the labourers of mixed religion travelling home together in the vehicle.
They sued the Ministry of Defence (MoD) after it emerged that a weapon used in the killing had been stolen from an Army barracks the previous year.
At the High Court in Belfast yesterday it was announced that the action has been settled on confidential terms.
The resolution includes an agreement to pay an undisclosed sum in damages without any admission of liability, according to the family’s lawyers.
Henry, a Protestant youth from a Presbyterian background, was returning home in the van when gunmen opened fire from a motorway bridge. No-one has ever been prosecuted for his murder.
In 2008 a report by the Historical Enquiries Team (HET) found that one of the guns used had been stolen from a UDR base in Lurgan, Co Armagh.
The victim’s brothers sued the MoD for alleged misfeasance in public office and negligence, both as survivors of the attack and on behalf of his estate.
They claimed military chiefs were aware that guns under their control were being lost or stolen but failed to take any action.
Papers lodged in the case further allege the MoD knew or suspected UDR personnel were involved in taking the weapons which could be used by loyalist terror groups.
Herbert Cunningham passed away last year, but surviving brother Robert attended court for the settlement of the family’s 15-year legal battle.
His barrister, Brian Fee KC, confirmed in court that the confidential settlement had been reached.
Mr Justice McLaughlin, who previously represented the MoD before his judicial appointment, told the family he was pleased that they had been able to achieve a resolution.
Outside court, Robert Cunningham insisted the case was not taken to obtain a pay-out.
The 73-year-old said: “This was never about the money, it was about achieving closure. I started this so long ago, but I can sit back now that I have finally seen it through.”
His solicitors, Kevin Winters and Gary Duffy of KRW Law, said he had “defiantly” fought on to reach the outcome.
“Whilst disappointing that he didn’t get an apology, it is nevertheless important to emphasise the significance of today's High Court resolution,” Mr Winters stated.
“I am immensely pleased for him that he’s got some long overdue closure now.”
Mr Duffy also highlighted how investigative research by human rights group the Pat Finucane Centre led to the discovery of an internal military assessment about the suspected collusion in the armoury theft.
“This extraordinary concession was never meant to see the light of day because without this revelation the case may have struggled to get off the ground,” Mr Duffy added.