Bloody Sunday: seven ex-soldiers seek legal order restricting inquiry

http://www.theguardian.com/uk-news/2015/nov/26/bloody-sunday-soldiers-northern-ireland-police-inquiry-high-court

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Seven ex-paratroopers are seeking a legal order preventing them from being arrested and taken to Northern Ireland for questioning by detectives investigating the 1972 Bloody Sunday killings.

Lawyers for the former soldiers told the high court in London that the men were prepared instead to give an undertaking, agreeing that they would undergo police interviews in England and Wales under caution.

The attempt to impose restrictions on how the Police Service of Northern Ireland conducts its inquiry into the army shootings more than 40 years ago was described by the Lord Chief Justice, Lord Thomas, as akin to an extradition hearing between the UK’s different jurisdictions.

Thirteen civil rights demonstrators were killed by members of the Parachute Regiment on the streets of Derry in January 1972. Another victim of the shootings died months later.

The ex-soldiers’ legal initiative was launched after officers from the PSNI’s legacy investigation branch arrested a 66-year-old man in County Antrim earlier this month.

The man arrested was a former member of the Parachute Regiment. He was known, during the government-commissioned inquiry undertaken by Lord Saville, simply as Lance Corporal J.

All the soldiers involved in the Saville inquiry were given letters to protect their anonymity. The judicial review challenge at the high court on Thursday was listed as being “on the application of B”.

Lord Thomas, who was sitting with Mr Justice Openshaw and Mrs Justice Carr, said the case was of “considerable interest” to the public.

James Lewis QC, for the men, told the judges: “At the heart of the application before the court today is that the defendant [PSNI] wishes to interview the claimants. We have no issue with that.

“[The force] is entitled to do so, and we accept that. However, the defendant seeks to exercise his power of arrest in order to interview the claimants under caution in Northern Ireland.”

Lewis added: “He has already made a decision to arrest all the claimants, but he has undertaken not to put that into effect pending the challenge before this court. It is his decision to arrest for that purpose that we challenge.”

Referring to the fact that the former paratroopers would cooperate by attending interviews held in England and Wales, Lewis said: “Consequential upon that undertaking we would seek an order from this court prohibiting the defendant from arresting the claimants in order to interview them under caution in Northern Ireland.”

A petition calling for soldiers involved in Bloody Sunday to be granted immunity from prosecution has gained tens of thousands of supporters. Northern Ireland police launched the murder investigation in 2012 after a government-commissioned inquiry, undertaken by Lord Saville, found that none of the victims was posing a threat to soldiers when they were shot.

Following the publication of the Saville report in 2010, David Cameron apologised for the army’s actions, branding them “unjustified and unjustifiable”.

In September, the PSNI told bereaved families they intended to interview a number of former soldiers about their involvement on the day.

The case continues.