An audiotape of British army radio transmissions which was played at the Bloody Sunday Tribunal yesterday was described by Mr Christopher Clarke QC as indicating "a use of lethal weaponry, justifiable in time of war but not otherwise".
A local radio enthusiast, Mr J.W. Porter, made the tape of radio messages exchanged between two units during an incident in Derry the day before Bloody Sunday.
Mr Clarke, counsel to the tribunal, said the events to which the transmissions related concerned a nailbomber in William Street "who was, if the tape be accurate, nearly killed on the orders of what sounds like an officer in the striking circumstances, namely at a time when the man had thrown the nailbomb and had, or appeared to have, nothing in his hands".
The exchanges recorded were:
Soldier with Scottish accent: "I can see the nailbomber, do you want me to shoot him, over, he has nothing in his hands at the moment?"
Person to whom he is reporting: "Say again, over."
Soldier: "1.9, wrong 6.1 ... this is, I can see the nailbomber but he does not appear to have anything in his hands, over."
Man who sounds like an officer: "1.9 Roger, out."
Soldier: "1.9 Roger out."
Officer: "6.1, this is 1.9, are you absolutely certain the person you can see is the nailbomber, over?"
Soldier: "6.1 positive, over."
Officer: "1.9, shoot him dead, over."
Soldier: "1.9, this is 6.1, missed him by about two inches, over."
Officer: "1.9, bad shooting, out. "6.1, this is 1.9, was it one round or two you fired, over?"
Soldier: "Two, over."
Officer: "Roger, out."