Family disappointed after risk of coronavirus delays Dennis Hutchings trial

SSpeaking after a defence application to delay the non-jury trial was granted over concerns regarding Dennis Hutchings health, John Pat’s nephew Charlie Agnew said: “Will all the courts be closed next week? Are all trials to stop“We are severely disappointed that this trial will not now commence after so many years of patient waiting. To adduce a chest infection, one court day before trial, and to invoke the coronavirus as an excuse not to attend is lamentable.

“Our fear is that Hutchings will try to evade justice by any means. We are further upset that Hutchings was able to advise his supporters last night not to attend the trial on Monday before the application had even been made in court.

“Indeed the court was not put on notice of this application until 4.30 yesterday afternoon. If Hutchins is adamant of his innocence he should attend for trial and clear his name.”

Hutchings (78) from Cawsand in Cornwall is facing two charges relating to the June 1974 death of John Pat Cunningham. The 27-year old, who had learning difficulties, was shot running from an Army patrol in Benburb, Co Tyrone.

The case was listed ‘for mention’ today, where a defence application to adjourn proceedings was made to Mr Justice Colton.

Hutchings defence barrister Ian Turkington said medical reports had been handed to the court which revealed the pensioner has a chest infection and is on a second course of antibiotics.

Mr Turkington said “by virtue of his present chest infection, he was advised not to travel until he has recovered”.

Revealing his client’s flight to Belfast to attend the trial next week was “lost” as he was due to travel with Flybe, Mr Turkington then spoke of the threat of coronavirus.

He said: “There was also a view expressed by the doctor that it would be prudent that Mr Hutchings should mitigate his risk by staying at home, by virtue of the coronavirus.”

Seeking an adjournment on these grounds, Mr Turkington said “there is a great deal of uncertainty in relation to the coronavirus” and that due to his client’s current chest infection, he wanted the court to observe the medical advice given to Hutchings.

Mr Turkington said his application to seek an adjournment was based on two main issues - to allow Hutchings to recover from his chest infection, and also to seek “more clarity of coronavirus and the risk to Mr Hutchings.”

When asked for the Crown’s opinion on the application to adjourn, Charles MacCreanor QC said it was accepted that due to his health, “the defendant’s mortality rate from coronavirus would be much higher than the average member of the public”.

The prosecutor added: “We wish to start this trial. We are ready to start this trial, and the criminal process has been drawn out and delayed for years. We are keen to get this case started.”

Mr Justice Colton said the court was “fully aware of the defendant’s medical condition and the fact of the matter is that he is now 78, he is at the end stage of renal failure and requires regular dialysis”.

“The arraignment was done by Skype and the trial was listed to start on Monday in circumstances where a provision was made for him to attend dialysis, which meant the trial would not be sitting every day during the week.”

The Judge confirmed the court had received a medical report from Hutchings consultant which outlined the pensioner was on antibiotics for a chest infection and had been advised not to travel.

Saying it was “hard to argue” with the medical advice, Mr Justice Colton said it would be wrong to make Hutchings attend next week.