Dennis Hutchings trial: new eye-witness claims ex-soldier is innocent

A new witness has come forward to support the testimony of a former soldier facing trial over the death of John Patrick Cunningham in Co Tyrone 46 years ago.
By Mark Rainey
Published 1st Dec 2020, 12:06 BST
Updated 1st Dec 2020, 16:08 BST
Former soldier Dennis Hutchings when he appeared at Armagh Court in 2017. Photo: Colm Lenaghan/PacemakerFormer soldier Dennis Hutchings when he appeared at Armagh Court in 2017. Photo: Colm Lenaghan/Pacemaker
Former soldier Dennis Hutchings when he appeared at Armagh Court in 2017. Photo: Colm Lenaghan/Pacemaker

Dennis Hutchings, 79, was arrested by PSNI detectives at his home in Cornwall in 2015 and subsequently charged with the attempted murder of 27-year-old Mr Cunningham near Benburb.

The military veteran’s repeatedly delayed trial is now scheduled to begin in Belfast in February 2021.

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Mr Cunningham was shot once in the back by members of an Army patrol in a field as he ran from them, although a number of shots were fired during the incident.

Mr Hutchings has consistently maintained that he only fired warning shots in the air, and that the fatal shot was fired by another member of the Life Guards patrol who has since died.

The former staff corporal’s legal team has now revealed that another soldier, who was not previously identified as a witness, has now come forward to state that he witnessed Mr Hutchings fire “three air shots” and not directly at Mr Cunningham, the Daily Mail has reported.

The report quotes the new witnesses statement as saying: “It is impossible that Staff Corporal Hutchings shot Mr Cunningham as I saw him firing in the air.”

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The soldier, whose identity has been withheld, claims he was on another patrol in the area when he saw a man running fast, leading him to take cover.

“When you saw someone running like this in Northern Ireland at that time, you took cover,” his statement says.

He states that he looked through his rifle’s telescopic sight and saw Mr Hutchings “fire three air shots”.

He goes on to say: “I saw that his rifle was pointed to the sky and the butt was in his shoulder. He fired only air shots and so it is impossible that Staff Corporal Hutchings shot Mr Cunningham.”

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The witness said he came forward after reading about Mr Hutchings’ series of court appearances.

Mr Hutchings’ legal team believe this new witness testimony undermines the PSNI investigation – arguing that police should have located such a key witness during the initial or more recent investigations, and that the charges should now be withdrawn.

A PSNI spokesman said; “It would be inappropriate to comment whist legal proceedings are ongoing.”

READ: Dennis Hutchings loses High Court challenge

READ: Dennis Hutchings ‘let down yet again’ by NOD

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