A Catholic shot dead by the British army 40 years ago in Northern Ireland was innocent, a report has said.
Billy McKavanagh (21), was gunned down as he ran away when confronted by soldiers near Belfast city centre, a report from the Historic Enquiries Team (HET) said. He was shot in the back.
The soldier responsible maintains that the person he shot was armed. The HET said he was not carrying the weapon, a rivet gun which had been looted and left lying in the street in August 1971 and was picked up by members of Mr McKavanagh’s group.
“Billy’s death was an absolute tragedy that should not have happened,” the report said. “He was an innocent man who did nothing more than pick up a pair of waders that had been stolen by someone else and then run away when confronted by the army.”
The victim’s family has called for an apology.
Mr McKavanagh was shot dead by a soldier from the 1st Battalion, the Royal Green Jackets in Catherine Street in the Markets area in the early hours of August 11 1971. He had no criminal convictions or connection with any illegal organisation.
A security operation was taking place in the mainly-nationalist Markets at the time.
Mr McKavanagh, his brother Patrick and their cousin Teddy Rooney were walking along the street heading towards home. They had picked up items that had been looted and left lying on the street. When they saw the soldiers, they dropped the items and ran. Mr McKavanagh was shot in the back.
The HET report said: “He posed no threat whatsoever to the security forces.”
The situation in Belfast was extremely tense, with internment without trial introduced two days previously and spiralling violence making a highly-charged situation even worse.
The Official IRA had taken over Inglis bakery near the scene of the shooting and used vehicles from the bakery to barricade key routes, restricting security force movements and deterring loyalist incursions.
Soldiers surrounded the bakery and closed in, having been briefed to expect IRA patrols and look-outs. Property had been looted and left strewn across the street and the three young men picked up some of the discarded items, including the waders and a rivet gun.
The HET said they panicked when they saw the soldiers and ran away. Members of the army patrol later claimed that an explosive device was thrown towards them, possibly by a fourth man, but no evidence was found of this.
When interviewed by army investigators, the soldier said he thought the men were terrorists and one of them had what looked like a rifle. When interviewed by the HET last year, he said he thought the man he shot had been carrying a Thompson sub machine gun.
The soldier is adamant he hit the person who was carrying the gun, believed by investigators to be a rivet gun used in industry.
The victim’s brother Patrick was adamant that he had the gun and not Billy during evidence at the inquest.
In a statement made by Mr Rooney 36 years ago, he said Billy McKavanagh had the gun but the HET report said he had made a mistake.
“The HET does not believe that Billy had the rivet gun when he was shot by Soldier A. If correct, then it follows that soldier A must have shot the wrong man,” the report said.
The soldier remains adamant.
Today’s report said: “The HET strongly believes he is mistaken.”
There remains no evidence to counter the soldier’s assertion that he genuinely thought he was under immediate threat of attack and he was trying to protect himself or his colleagues. He has asked detectives to apologise to the family on his behalf and regrets the killing.
PA