Ill-health of former soldiers charged over Belfast shootings holds up efforts to establish medical fitness for trial
Efforts to establish if former soldiers charged over shootings in Belfast more than 50 years ago are medically fit to stand trial have been held up by their illnesses, a court heard today.
Counsel for two of the British Army veterans said a consultant psychiatrist has not yet examined them because one of them suffered fractured ribs and the other remains in hospital.
The pair are among four ex-servicemen facing charges related to incidents at the height of the Troubles.
One of them, referred to as Soldier F, is accused of the murder of Patrick McVeigh in May 1972.
He is also being prosecuted for the attempted murder of four other people during the same incident.
Three of his former military colleagues, identified only as Soldiers B, C and D, are jointly charged with attempting to murder another two men a day earlier.
All four defendants were part of an undercover Army unit known as the Military Reaction Force which operated in Belfast at the time.
Members of the MRF used unmarked cars to patrol parts of the city before the outfit was disbanded the following year.
Mr McVeigh, a father of six, was shot at the junction of Finaghy Road North and Riverdale Park South.
He had reportedly stopped to speak to those manning a civilian checkpoint when the gunfire began. Four other men were shot and wounded in the incident. The previous day’s shooting occurred at Slievegallion Drive in west Belfast.
Decisions were taken to charge the former soldiers after the Public Prosecution Service (PPS) assessed evidence gathered in a police investigation.
Lawyers representing Soldiers C, D and F have already obtained an initial medical opinion they would be unfit to take part in a preliminary enquiry to have them returned for trial.
However, there is a legal requirement for that view to be backed up by a consultant psychiatrist.
Belfast Magistrates’ Court heard that only Soldier F has undergone further evaluation so far. Ian Turkington KC disclosed: “The ill-health of the other two has impeded any further examinations.”
He told the court Soldier C is set to remain in hospital until at least the end of August, while Soldier D is recovering from having suffered fractured ribs.
“Whilst we hope to have both examined by our own psychiatrist before the end of the summer, their health very much may be an impediment to that,” Mr Turkington added.
Crown counsel acknowledged there may be issues about when the Public Prosecution Service gets to carry out its own medical checks on the defendants.
“That will inform whether the committal (proceedings) can go ahead, as well as the public interest test,” he told the court.
Adjourning the case, District Judge Steven Keown requested a further update on September 24.