Dennis Hutchings family lodges formal complaints over lost ‘key evidence’

The family of military veteran Dennis Hutchings has lodged formal complaints with both the PPS and PSNI over a claimed failure to disclose relevant information that would have halted his prosecution.
By Mark Rainey
Published 9th Dec 2021, 05:00 BST
Updated 9th Dec 2021, 12:39 BST
Dennis Hutchings arriving at Laganside Courts. Photo: Peter Morrison/PA WireDennis Hutchings arriving at Laganside Courts. Photo: Peter Morrison/PA Wire
Dennis Hutchings arriving at Laganside Courts. Photo: Peter Morrison/PA Wire

Former Life Guards soldier Mr Hutchings, 80, was on trial in Belfast for the attempted murder of John Pat Cunningham in Co Tyrone in 1974 when he became ill with Covid-19 and died on October 18 this year.

Mr Cunningham, 27, was shot in the back as he ran from an army patrol. Mr Hutchings had consistently claimed that he only fired warning shots in the air during the incident.

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In a letter to the Public Prosecution Service and the Police Service of Northern Ireland, a lawyer acting for the Hutchings family raises questions about the police investigation and alleges that “incorrect information” had been “consistently provided to the court”.

One major concern arose from the cross-examination of forensic expert Mark Mastaglio, who revealed for the first time – according to the family’s complaint – that it was ‘tracer’ rounds that struck and killed Mr Cunningham.

The lawyer states that tracer rounds would have left evidence of the chemical strontium on the clothing of Mr Cunningham and the field dressings applied by Mr Hutchings to the wounds.

He said there is no evidence of testing for strontium having taken place, and that the field dressings are no longer available for examination.

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The letter adds: “It has always been the case that the police could and should have known which soldier fired at Mr Cunningham and killed him. The court should have been told this from the outset.

“If, as seems likely, the police had lost the key evidence by which this could be determined, that should have been disclosed and the case withdrawn. That is the duty of the PPS.

“The prosecution further failed the deceased by resisting the defence abuse application which centred on the absence of forensic evidence, when it had the very knowledge, or means of knowledge, to know that critical evidence, which would have wholly supported the defence case, was lost”.

A spokeswoman for the PPS said a full response to the letter will be sent to the Hutchings family in due course.

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The spokeswoman said: “Whilst some time is needed to consider the detail of the letter and to issue a written response, the PPS does not accept a number of matters raised in the correspondence.

“The PPS is confident that the conduct of proceedings against Mr Hutchings, including the disclosure of evidence, were dealt with appropriately and fully in line with the Code for Prosecutors and our duty to prosecute where the Test for Prosecution is met.”

A PSNI spokesman said: “We have not yet received the correspondence. Once received we will take time to consider the contents and respond in due course.”

The Northern Ireland Veterans Movement (NIVM) supported Mr Hutchings throughout the prosecution process and said it will continue to support the Hutchings family.

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NIVM spokesman Paul Young said: “The continued abuse of process conducted against our veterans by the NI judicial system is nothing short of a national scandal and urgently needs an outside judicial review into the way cases are brought before the courts.”

READ: ‘Fight to clear name of Dennis Hutchings will continue’: veterans group

READ: Dennis Hutchings should have seen out his last days in peace, says Carla Lockhart

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