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| Liam Holden: Army torture forced murder confession, court rules | |
| (33 minutes later) | |
| Parachute Regiment troops tortured Liam Holden, pictured in 2012, into saying he killed a soldier, the judge ruled | Parachute Regiment troops tortured Liam Holden, pictured in 2012, into saying he killed a soldier, the judge ruled |
| The family of a Belfast man has been awarded £350,000 in damages after he was tortured into admitting killing a British soldier in 1972. | The family of a Belfast man has been awarded £350,000 in damages after he was tortured into admitting killing a British soldier in 1972. |
| Liam Holden was subjected to waterboarding techniques while in military custody and his treatment led to a confession, the High Court ruled. | Liam Holden was subjected to waterboarding techniques while in military custody and his treatment led to a confession, the High Court ruled. |
| His conviction for murdering Private Frank Bell was quashed a decade ago. | His conviction for murdering Private Frank Bell was quashed a decade ago. |
| The last man in the UK sentenced to hang, Mr Holden died last September, aged 68. | The last man in the UK sentenced to hang, Mr Holden died last September, aged 68. |
| His death penalty was commuted and he was released 17 years into a 40-year sentence, the rest of which he spent on licence. | His death penalty was commuted and he was released 17 years into a 40-year sentence, the rest of which he spent on licence. |
| He always maintained he was hooded, waterboarded and had a gun pointed at his head before wrongly admitting to shooting Private Bell. | He always maintained he was hooded, waterboarded and had a gun pointed at his head before wrongly admitting to shooting Private Bell. |
| Mr Holden's murder conviction was finally quashed in 2012, and he was then awarded £1m for losses suffered due to the miscarriage of justice. | Mr Holden's murder conviction was finally quashed in 2012, and he was then awarded £1m for losses suffered due to the miscarriage of justice. |
| 'Soldiers acted in bad faith' | 'Soldiers acted in bad faith' |
| Delivering Friday's ruling in the damages case against the Ministry of Defence (MoD), the judge said Mr Holden genuinely believed he was going to be killed. | Delivering Friday's ruling in the damages case against the Ministry of Defence (MoD), the judge said Mr Holden genuinely believed he was going to be killed. |
| With paratroopers having wrongly and unlawfully induced him to make the admission, the MoD was held liable for his malicious prosecution and misfeasance in public office. | With paratroopers having wrongly and unlawfully induced him to make the admission, the MoD was held liable for his malicious prosecution and misfeasance in public office. |
| "The plaintiff was subjected to waterboarding; he was hooded; he was driven in a car flanked by soldiers to a location where he thought he would be assassinated," said the judge. | "The plaintiff was subjected to waterboarding; he was hooded; he was driven in a car flanked by soldiers to a location where he thought he would be assassinated," said the judge. |
| "A gun was put to his head and he was threatened that he would be shot dead. | "A gun was put to his head and he was threatened that he would be shot dead. |
| Liam Holden was 19 when he was arrested and convicted of Private Bell's murder | Liam Holden was 19 when he was arrested and convicted of Private Bell's murder |
| "Hooding of the plaintiff, in the circumstances as alleged, constitutes inhuman and degrading treatment in breach of Article 3 of the [European Convention on Human Rights]," he said. | "Hooding of the plaintiff, in the circumstances as alleged, constitutes inhuman and degrading treatment in breach of Article 3 of the [European Convention on Human Rights]," he said. |
| The judge said that while the soldiers had an "honest belief" they were acting lawfully they knew their actions would injure Mr Holden and "unquestionably acted in bad faith". | The judge said that while the soldiers had an "honest belief" they were acting lawfully they knew their actions would injure Mr Holden and "unquestionably acted in bad faith". |
| Their actions left Mr Holden with significant psychological effects, said the judge. | Their actions left Mr Holden with significant psychological effects, said the judge. |
| According to the Holden family and their solicitor, this was the first time a court had found waterboarding took place during The Troubles. | |
| After the ruling, the family expressed sadness and relief. | |
| "My father is not here to see this finished," his son Samuel Bowden told BBC Radio Ulster's Talkback programme. | "My father is not here to see this finished," his son Samuel Bowden told BBC Radio Ulster's Talkback programme. |
| "What he went through should never have happened... today it's all clear that he was innocent." | "What he went through should never have happened... today it's all clear that he was innocent." |
| 'Like I was drowning' | 'Like I was drowning' |
| At a previous court hearing, Mr Holden gave his account of his treatment by soldiers after his arrest. | At a previous court hearing, Mr Holden gave his account of his treatment by soldiers after his arrest. |
| He said he was pinned to the floor while a towel was placed over his face. | He said he was pinned to the floor while a towel was placed over his face. |
| "They started pouring a bucket of water slowly through the towel," he said. | "They started pouring a bucket of water slowly through the towel," he said. |
| "The first thing I felt was the cold, then trying to breathe and then sucking water in through my mouth and up my nose. | "The first thing I felt was the cold, then trying to breathe and then sucking water in through my mouth and up my nose. |
| "It was like you were just drowning." | "It was like you were just drowning." |
| Samuel Bowden (right) said the ruling left the family with a sense of sadness and relief | Samuel Bowden (right) said the ruling left the family with a sense of sadness and relief |
| He said that up to four sessions of questioning and waterboarding were carried out. | He said that up to four sessions of questioning and waterboarding were carried out. |
| Mr Holden was then hooded, dragged out of a chair and taken to a loyalist area of Belfast. | Mr Holden was then hooded, dragged out of a chair and taken to a loyalist area of Belfast. |
| "While we were driving one of the soldiers was tapping my knee with a gun, saying: 'This is for you'," he told the court. | "While we were driving one of the soldiers was tapping my knee with a gun, saying: 'This is for you'," he told the court. |
| "They took me out of the car and brought me into a field, put a gun to my head and said if I didn't admit to shooting the soldier they would shoot me." | "They took me out of the car and brought me into a field, put a gun to my head and said if I didn't admit to shooting the soldier they would shoot me." |
| Asked by his barrister how he had responded to the alleged threat, Mr Holden replied: "I just said: 'I shot the soldier.' | Asked by his barrister how he had responded to the alleged threat, Mr Holden replied: "I just said: 'I shot the soldier.' |
| "[I] made a cock-and-bull story about where I shot him from, where I got the weapon, where I dumped the weapon and how I got away." | "[I] made a cock-and-bull story about where I shot him from, where I got the weapon, where I dumped the weapon and how I got away." |
| A forensic psychiatrist who examined Mr Holden in 2016 said he described being plagued by nightmares more frightening than any real-life experience. | A forensic psychiatrist who examined Mr Holden in 2016 said he described being plagued by nightmares more frightening than any real-life experience. |
| His son Samuel said his criminal record made it difficult to get work, leave the country or just "get a normal life going". | His son Samuel said his criminal record made it difficult to get work, leave the country or just "get a normal life going". |
| Related Topics | Related Topics |
| The Troubles | The Troubles |