A soldier accused by police of murder following Bloody Sunday was never questioned by the RUC, the Saville Inquiry heard today.
The second most senior police officer serving in Derry at the time, Superintendent Patrick Mary McCullagh, said as far as he knew no soldier was questioned by the RUC after the death of Jackie Duddy.
Mr Duddy, 17, who was shot dead at Rossville Flats, was one of 13 civilian civil rights marchers killed by soldiers on January 30, 1972. A 14th man died later.
His death led to one of the iconic pictures of Bloody Sunday when Father Edward Daly, who was running alongside him when he was shot, waved a white handkerchief as Mr Duddy's body was carried out of the Bogside.
The inquiry in the Guildhall was shown a letter written by a superintendent on behalf of the chief constable in July that year, which was sent to the Legal Registrar, about the fatal shooting.
It read: "There is no evidence to establish which member of the Army fired the fatal shot, but it is clear that he had just dismounted from the APC (Armoured Personnel Carrier) before doing so.
"In my opinion he is clearly guilty of murder but as he has not been identified no further action can be taken."
Mr McCullagh was asked by Arthur Harvey QC, counsel for many of the families, whether "even in an abnormal society, if a senior officer comes to the conclusion that a person has been murdered by a number, or one of a number of identifiable people, would it be normal practice for the police to interview him?"
"The practice at that time was that the Military Police would interview soldiers," he replied.
However, when asked by Mr Harvey if "it was left entirely to the Military Police to take statements and investigate the murders of citizens by soldiers?," Mr McCullagh said he did not accept any murder.
"The investigation is not carried out by the Army, the Army take the statements, then the investigation is still in the hands of the police," Mr McCullagh added.
When asked by Mr Harvey whether police and Army co-operation over the identification of soldiers who had been involved in shooting incidents stopped days after the announcement of the Widgery Inquiry, Mr McCullagh said he was "not aware" of it.
Mr McCullagh will be the highest ranking officer working in Derry on January 30, 1972 to be questioned by the inquiry after Chief Superintendent Frank Lagan, the man in charge of police in the city on the day, submitted a statement but was too ill to attend.
During his two days in the witness box in the Guildhall, Mr McCullagh said he had seen no specific intelligence in advance of Bloody Sunday to indicate the IRA would be present in the city on the day.
However, he said he had a "general feeling" that there may have been trouble on the day.
"Well, two days before, two officers had been killed in gunfire, on the route of the march, practically on the route of the march and obviously the gunmen who were involved in that may reappear on Sunday, one did not know," he added.
PA