PPS 'no prosecution' decision made for two former soldiers over separate 1971 fatal incidents

Annette McGavigan, 14, and William McGreanery, 41, were killed in separate incidents in Londonderry in 1971.

Miss McGavigan was killed during unrest in Londonderry on September 6. Her family said she had been playing with a friend when she was shot dead.

Her family has been campaigning for decades for justice. There is a mural in her memory in the Bogside area of Londonderry.

Northern Ireland’s Attorney General Dame Brenda King yesterday granted a fresh inquest into her death.

It comes days before the government’s legacy act deadline tomorrow after which all inquests which have not reached their final stages will be halted.

The teenager’s family said they will do everything possible to pursue the inquest direction.

Mr Greanery died in an incident in the early hours of September 15. His family said they had to fight to clear his name following his death.

Yesterday, the Public Prosecution Service (PPS) also said prosecutors were satisfied that he had been unarmed and presented no threat to any soldier.

A former soldier, known as Soldier A, was reported in an investigation file in connection with the death of Mr McGreanery, and a second former soldier, known as Soldier B, was reported in connection with the shooting of Miss McGavigan.

The families of the two were informed of the decision by the PPS yesterday.

PPS assistant director Martin Hardy said his office “carefully considered all the evidence reported in connection with both cases” in the investigation files submitted by the PSNI.

He said the standard of proof needed for a criminal prosecution is high.

“For a conviction, the prosecution must establish beyond a reasonable doubt, through admissible evidence, the commission of a criminal offence by an identified suspect,” he said.

“These two cases were individually considered by two experienced prosecution teams. It has been determined that the available evidence in both cases is insufficient to provide a reasonable prospect of conviction.

“Both cases featured significant evidential difficulties arising from the circumstances in which accounts were taken and recorded, both by the Royal Military Police in 1971, and later by the PSNI's Historical Inquiries Team.

“In addition, the death of significant witnesses and a failure to conduct effective investigations at the time has undoubtedly hampered more recent investigative efforts.”

The PPS said in the case of Mr McGreanery, prosecutors were satisfied that the available evidence was capable of proving that he had been unarmed and presented no threat to any soldier.

However, the admissible evidence was insufficient to prove that the reported suspect was the soldier known as Soldier A who was responsible for causing Mr McGreanery's death.

Meanwhile, the PPS said in the case of Miss McGavigan, who was “entirely innocent”, prosecutors could not prove that the reported suspect fired the shots that killed the teenager.

They said it also could not be disproved that the shots may have been aimed at a gunman that some witnesses reported seeing, and were therefore fired in lawful self-defence.