Inquest into killing of Patrick Duffy told he did 'not appear to have been armed when he was shot'

The inquest into the death of a Derry man shot dead by what is believed to have been a SAS unit in November 1978 has opened at Bishop Street courthouse.

Patsy Duffy (50) of Lecky Road was shot dead on November 24 1978 at Maureen Avenue in the city.

Opening the inquest today (Friday) the Coroner, Judge Fiona Bagnall, said that the hearing was not a criminal case but 'an inquisitorial process' to establish who, when, where and how Mr Duffy died.

She said that the wider circumstances of how the deceased died would form part of the hearing. 

Counsel for the Coroner, Ian Skelt KC, outlined the circumstances in which Mr Duffy died.

He said that the shooting took place at Maureen Avenue on the evening of November 24. 

The hearing was told Mr Duffy had 'some link to the IRA' and had been claimed as an auxiliary member.

The barrister said that the house in Maureen Avenue was a small two bedroom house with a large cupboard in one of the bedrooms. 

In this cupboard according to Mr Skelt was 'a cache of weapons and bomb making equipment' as well as a three man British army unit identified simply as Soldiers A, B and C.

Mr Skelt said that the military unit was there to watch the weapons and we're hidden in the house for 42 hours before the shooting. 

The barrister said that what exactly happened in the house was a matter for the Coroner. 

The hearing heard Soldier A was hidden in the loft of the house in Maureen Avenue and Soldiers B and C were in one of the bedrooms. 

In their statements to the original inquest Soldiers B and C said they heard someone entering the house and coming up the stairs.

Soldier B said this man was near the cupboard and he challenged him. 

The British soldier said that the man, Patrick Duffy, raised his right hand and believing him to be armed the soldier fired.

Soldier C said he heard the gunfire and believed he was under fire and he too fired. 

Mr Skelt said Patrick Duffy was 'shot numerous times' somewhere between 11 to 14 times.

The inquest was told that the deceased 'does not appear to have been armed when he was shot'.

The barrister said that one of the issues the Coroner would have to consider was if the 'use of lethal force was reasonable' and what Soldiers B and C believed at the time.

Mr Skelt said that the Coroner would have to consider other incidents involving the same mitary unit or personnel. 

The inquest then heard from Martina Duffy, the deceased's daughter,  who gave evidence of receiving the belongings of the deceased.

She also related how on the night her father was shot the British Army and RUC arrived at the family home in order to search it and arrest her sister.

She said a priest who was present intervened to prevent the arrest. 

Other family members have evidence of the affect the death had on the family. 

The inquest heard a report from Dr. Press the Pathologist who performed the post mortem who related how the deceased was shot 7 times to the chest and trunk as well as 4 times to the thighs.

The Pathologist said that the deceased was shot at least 11 times and possibly as many as 14 times. 

He said that the chest wounds had lacerated the heart and lungs leading to a rapid death. 

The Coroner had said at the outset that she was opening the inquest today and then adjourning it to a later date.