Annette McGavigan's family seeking preservation order of all Troubles papers held by British Ministry of Defence

Lawyers acting on behalf of the family of Annette McGavigan (14) have written to the British government requesting an requesting an extension of a Preservation Order regarding all Ministry of Defence (MOD) Operation Banner documents dating from August 1969 to July 2000.

Harte Coyle Collins, Solicitors and Advocates took the action to ensure the McGavigan family, and other families seeking information in legacy cases, can potentially obtain access to relevant state materials for the purposes of legacy inquests, civil actions and all other legal proceedings.

Miss McGavigan's family believe she was killed by a member of the Royal Green jackets on September 6, 1971, in Derry. 

Lawyers for her brothers and sisters wrote to the British Lord Chancellor, Sabana Mahmood MP on April 17, 2025, asking her to extend a Preservation Order previously issued under the Conservative government in December 2014.

The 2014 Preservation Order was a statutory instrument which directed the MOD and the British Secretary of State to preserve and retain all MOD Operation Banner documents for a period of 10 years.

The 2014 Order lists the documents to be preserved as including “Operational briefs and summaries, log sheets, patrol and incident reports from Operation BANNER in Northern Ireland.” 

The 2014 Order also secured the preservation of “approximately 50,000 records comprising operations briefs and summaries, log sheets, patrol and incident reports from Operation BANNER.” 

The Order states:“These records are those of Operation Banner (British Armed Forces Operation in Northern Ireland from August 1969 to July 2007) and that their retention is required to support ongoing statutory and judicial proceedings.”

The original 2014 Preservation Order was provided by the Lord Chancellor as a result of a judicial review application by the family of Annette McGavigan when it was served as disclosure by the Crown lawyers during the course of those proceedings.

The family now want to ensure that the MOD continues to preserve all army documents relating to Operation Banner for the period 1969 to 2007 in order to ensure that they, and other families seeking information in legacy cases, can potentially obtain access to relevant state materials for the purposes of legacy inquests, civil actions and all other legal proceedings.

The next of kin of the 14 year old schoolgirl were granted a fresh inquest by the Attorney General for Northern Ireland just minutes after they received a negative prosecution decision from the Public Prosecution Service on April 29, 2024. All of this occurred just the day before the guillotine date of the Legacy Act 2023, on April 30, 2024. 

The British Labour government has, however, now publicly committed to honoring the fresh inquests which were directed by the Attorney General before the cut off date April 30, 2024.

It is understood that there are over 22 inquests relating to 40 deaths in Northern Ireland still outstanding, with some other previously unallocated legacy inquests also due to be honored.

The McGavigan family also await a review decision by the Director of Public Prosecutions Mr Stephen Heron, regarding the potential prosecution of the member of the Royal Green Jacket Regiment who they believe was responsible for the fatal shooting of their sister on September 6, 1971. 

Since 2015 fresh evidence including eye-witness accounts, pathology and ballistic evidence has been submitted by Legacy Investigation Branch (LIB) to both the Attorney General and the Public Prosecution Service for consideration of a fresh inquest and a prosecution.

Both the Attorney General and the PPS also considered interviews conducted by the Historical Enquiries Team (HET) with two members of the Royal Greenjackets in 2011 and 2013. 

The PSNI interviewed a third soldier under caution in May 2023 and submitted a file to the PPS in February 2024.

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A negative decision on prosecution by the PPS issued on April 29, 2024. The family immediately lodged a request for a review of this negative decision.

A year has now passed since the date of their review request and the family still awaits a final decision. The MOD has never accepted responsibility for the fatal shooting of the child.

Patricia Coyle, solicitor for the family said today: "My clients still await a review of the negative decision from the PPS regarding prosecution of military personnel for the murder of their sister. In the meantime they seek the preservation of all relevant state documents to ensure that these remain available for all legal proceedings going forward including the fresh inquest which was directed the day before the deadline imposed by the Legacy Act of 1st May 2024.

"We await responsse from the Lord Chancellor, the Minister for Defence, and the Secretary of State for Northern Ireland to this request. The preservation of these records is of paramount importance for all families in Northern Ireland  access who seek access to information and truth about the killing of their loved ones.”