Judge orders SAS soldier involved in deaths of three IRA men to give evidence at inquest

Madam Justice McBride rejected the British Army veteran’s bid to have a subpoena for him to attend remotely set aside on medical grounds.

He was part of a military unit which opened fire in Coagh, Tyrone on June 3, 1991, killing Peter Ryan, Tony Doris and Lawrence McNally.

The three men were intercepted on suspicion they were planning to kill a member of the security forces.

An ongoing inquest into their deaths is examining whether the use of lethal force was justified. The ex-serviceman was ordered to give oral evidence and face cross-examination at the hearing next week.

Granted anonymity and referred to as Soldier F, he is not the same veteran with the same cypher who is facing prosecution in connection with the 1972 Bloody Sunday killings by members of the Parachute Regiment in Londonderry.

He has provided a written statement setting out his involvement in planning the operation in Coagh and the role played as one of those who discharged their weapons on the day.

Earlier this year the coroner ruled that he should give oral evidence because of his importance as a witness who can deal with issues central to the inquest.

Amid concerns about Soldier F’s health, it was decided that he could appear by video-link from his home outside Northern Ireland and be screened as part of a series of special measures. A subpoena was issued for him to attend remotely on Monday.

Lawyers for Soldier F urged the High Court to set aside that order due to the potential traumatic impact of compelling him to testify.

Madam Justice McBride was told he suffers from post-traumatic stress disorder and chronic depression.

Ian Skelt KC described his client as leading a “bleak” and solitary life, spending his days staring out the window and thinking he is going to come under attack.

“He very rarely goes out, suffers nightmares and truly gruesome flashbacks to his previous existence,” counsel said.

Mr Skelt also claimed Soldier F was not the central witness at an inquest where 10 other veterans who also fired weapons have given accounts.

“It is not proper in those circumstances to compel him,” he submitted.

Bobbie-Leigh Herdman, for the Coroners Service, argued that none of the other military witnesses could deal with issues about the prior planning and how soldiers were positioned on the ground at Coagh.

“That really sets him apart and it’s one of the reasons his evidence was deemed important enough to require his attendance,” she said.

“Similarly, F’s evidence outlines that he fired aimed shots at one of the deceased."

Madam Justice McBride backed the assessment that Soldier F’s evidence is important in determining whether the use of lethal force was justified.

“I note that he alone carried out a recce which was relevant to the planning issue, and further that he also discharged his firearm on the day in question,” the judge said.

Rejecting the application, she held that sufficient mitigating measures were in place to ensure he suffered no oppression.

“Having regard to the public interest and relevance, I consider that the scales weigh heavily in favour of Soldier F attending and giving oral evidence,” Madam Justice McBride confirmed.

“Accordingly, I refuse to set aside the subpoena.”