Soldier not charged over fatal shot

Outraged human rights campaigners yesterday criticised a decision not to prosecute a soldier who shot dead a Derry schoolboy …

Outraged human rights campaigners yesterday criticised a decision not to prosecute a soldier who shot dead a Derry schoolboy despite breaching firearms guidelines.

In a letter to the Pat Finucane Centre, the Northern Ireland Office confirmed the rules were broken when a soldier killed 15-year-old Manus Deery in May 1972.

Despite a full investigation by the RUC, the DPP ordered no criminal proceedings.

But Mr Shane O'Curry from the centre said: "We want to know what happened to that soldier and what reasons the DPP had for not prosecuting."

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Described by the coroner as an innocent bystander, Manus Deery was shot by soldiers on his way home to Limewood Street in the city from a chip shop.

After pressing for answers, the NIO told campaigners the killing was deemed to have been outside the "Yellow Card" rules, the regulations under which the army can open fire.

An NIO spokesman said: "Decisions on prosecutions are properly a matter for the independent prosecuting authorities."

The NIO also wrote to the family of Jim Gallagher (20), a bus passenger who was shot dead by the army in Derry in May 1976.

A 21-year-old private in the 1st Battalion Cheshire Regiment was sentenced to five years for his manslaughter and released after serving half this period behind bars.

Speaking for the dead man's family, the Pat Finucane Centre demanded to know why the soldier was jailed for just five years.

The NIO told them no special treatment had been given.

A spokesman added: "Decisions on prosecution are properly a matter for the independent prosecuting authorities. Government has no role in such decisions."