Eight former soldiers who were investigated over allegations of giving false evidence about the events of Bloody Sunday will not be prosecuted, the Public Prosecution Service (PPS) in Northern Ireland has said.
The PPS said the “evidential threshold to proceed with a prosecution has not been met”.
Thirteen people were shot dead when members of the British army’s parachute regiment opened fire on civil rights demonstrators in the Bogside area of Derry on January 30th, 1972, regarded as one of the darkest days of the Troubles.
In April 2024, the PPS decided not to prosecute 16 people in relation to allegations of false evidence given to the Bloody Sunday Inquiry.
The PPS subsequently received a request on behalf of the families of eight victims to review the decisions taken in relation to former soldiers known as Soldiers F, H, J, M, P, S, U and V.
The PPS said the review reached a similar conclusion to the original decision.
It said that much of the evidence that was relied upon by the Bloody Sunday Inquiry, including accounts provided by soldiers in 1972, would not be admissible in any prosecution of the soldiers for perjury or perverting the course of justice.
A PPS spokesperson said: “The review of this legally complex matter is now complete.
“After a careful analysis of all available evidence and the legal submissions made by the family legal representatives, it has been concluded that the evidential threshold to proceed with a prosecution has not been met.
“The standard of proof required to obtain a conviction in a criminal prosecution is high.
“The prosecution must establish beyond a reasonable doubt the commission of a criminal offence by an identified individual.
“Prosecutors must make an independent assessment of the prospects of conviction based upon the evidence that would be admissible in criminal proceedings.”
The spokesperson added: “It is recognised that this outcome does not reflect the hopes and expectations of the Bloody Sunday families, and that it will come as another deeply disappointing day after decades of seeking justice for their loved ones.”
It said a detailed written explanation had been provided to the families.
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“We would further emphasise that today’s decisions in no way diminish the findings by the Bloody Sunday Inquiry.
“A public inquiry and a criminal trial are very different processes and much of the material upon which the inquiry could rely would not be available to the prosecution having regard to the rules of evidence that apply to criminal proceedings.”
Solicitor Ciaran Shiels, who represents several of the Bloody Sunday families, has criticised the PPS decision.
Last year a former paratrooper, Soldier F, was cleared of killing two civilians during Bloody Sunday, at a criminal trial in Belfast Crown Court.
Mickey McKinney, whose brother William was killed on Bloody Sunday, said the decision “comes as no surprise to any of the victims of Bloody Sunday.”
He said more than 15 years had passed since “detailed submissions” on the issue were served on the PPS by their lawyers, and the delay in investigating the “evidence given and in arriving at today’s decision has been outrageous”.
“Today we have instructed our lawyers to consider this decision with the view to commencing yet another legal challenge to today’s decision,” he said. – PA
