Eight veterans investigated over Bloody Sunday evidence will not be prosecuted

Eight former soldiers who were investigated over allegations of giving false evidence about the events of Bloody Sunday will not be prosecuted, the Public Prosecution Service (PPS) in Northern Ireland has said.

The PPS said the “evidential threshold to proceed with a prosecution has not been met”.

Foyle MP Colum Eastwood has described the PPS decision as “incredible”.

Lawyer Philip Barden, who represents several of the former soldiers, said a “new approach” was needed to get to the truth about incidents from the Northern Ireland Troubles.

Thirteen people were shot dead when members of the Army’s Parachute Regiment opened fire on civil rights demonstrators in the Bogside area of Derry on January 30 1972, regarded as one of the darkest days of the Troubles.

In April 2024, the PPS decided not to prosecute 16 people in relation to allegations of false evidence given to the Bloody Sunday Inquiry.

The Bloody Sunday press conference in the Museum of Free Derry on Wednesday.

The PPS subsequently received a request on behalf of the families of eight victims to review the decisions taken in relation to former soldiers known as Soldiers F, H, J, M, P, S, U and V.

The PPS said the review reached a similar conclusion to the original decision.

It said that much of the evidence that was relied upon by the Bloody Sunday Inquiry, including accounts provided by soldiers in 1972, would not be admissible in any prosecution of the soldiers for perjury or perverting the course of justice.

A PPS spokesperson said: “The review of this legally complex matter is now complete.

“After a careful analysis of all available evidence and the legal submissions made by the family legal representatives, it has been concluded that the evidential threshold to proceed with a prosecution has not been met.

“The standard of proof required to obtain a conviction in a criminal prosecution is high.

“The prosecution must establish beyond a reasonable doubt the commission of a criminal offence by an identified individual.

“Prosecutors must make an independent assessment of the prospects of conviction based upon the evidence that would be admissible in criminal proceedings.”

The spokesperson added: “It is recognised that this outcome does not reflect the hopes and expectations of the Bloody Sunday families, and that it will come as another deeply disappointing day after decades of seeking justice for their loved ones.

“A detailed written explanation has been provided to the families to assist them in understanding our decision.

“We would further emphasise that today’s decisions in no way diminish the findings by the Bloody Sunday Inquiry.

“A public inquiry and a criminal trial are very different processes and much of the material upon which the inquiry could rely would not be available to the prosecution having regard to the rules of evidence that apply to criminal proceedings.”

Ciaran Shiels of Madden & Finucane Solicitors speaking at the Bloody Sunday press conference in the Museum of Free Derry on Wednesday.

Solicitor Ciaran Shiels, who represents several of the Bloody Sunday families, has criticised the PPS decision.

SDLP MP Mr Eastwood said: “It’s impossible to overstate the scale of the burden that has been placed on the families of the dead and injured on Bloody Sunday.

“For more than 50 years, they have had to fight every conceivable institution of the state for truth, justice and accountability.”

He added: “As I always have, and as the people of Derry always have, we will fully support the Bloody Sunday families in the days and weeks ahead. These families are leaving no stone unturned in their pursuit of justice and we’re with them every step of the way.”

Mickey McKinney, whose brother William McKinney was killed on Bloody Sunday, said the decision came as “no surprise”.

He added: “More than 15 years have passed since detailed submissions were served on the PPS by our lawyers following their consideration of the Bloody Sunday Inquiry’s findings.

“The delay in investigating the false evidence given and in arriving at today’s decision has been outrageous.

“Today we have instructed our lawyers to consider this decision with the view to commencing yet another legal challenge to today’s decision.”

Mickey McKinney speaking at the Bloody Sunday press conference in the Museum of Free Derry on Wednesday. (Photos: Keith Moore)

Mr Barden, partner at Devonshires, said: “The fact that no soldiers will face prosecution in connection with the events of Bloody Sunday should tell all politicians that seeking to use the court system to get to the truth will fail, as it has done for over 30 years.

“If there is to be a search for the truth, a new approach is needed, being one that engages all parties involved in the conflict.”

Last year a former paratrooper, Soldier F, was cleared of killing two civilians during Bloody Sunday, at a criminal trial in Belfast Crown Court.