How the Trial of a Former Soldier Regarding the 1972 Londonderry Incident Concluded in Case Dismissal
January 30th, 1972 remains one of the deadliest – and momentous – days in three decades of unrest in Northern Ireland.
Within the community where events unfolded – the legacy of that fateful day are visible on the walls and etched in collective memory.
A public gathering was conducted on a chilly yet clear day in Derry.
The march was challenging the practice of imprisonment without charges – holding suspects without trial – which had been implemented following three years of conflict.
Military personnel from the specialized division shot dead multiple civilians in the district – which was, and continues to be, a overwhelmingly nationalist community.
A particular photograph became notably prominent.
Photographs showed a religious figure, Fr Edward Daly, using a blood-stained cloth as he tried to shield a crowd carrying a teenager, the injured teenager, who had been fatally wounded.
News camera operators documented much footage on the day.
The archive includes the priest explaining to a reporter that troops "appeared to discharge weapons randomly" and he was "absolutely certain" that there was no reason for the gunfire.
This account of what happened wasn't accepted by the first inquiry.
The initial inquiry found the military had been fired upon initially.
In the negotiation period, Tony Blair's government commissioned another inquiry, following pressure by surviving kin, who said the first investigation had been a inadequate investigation.
During 2010, the conclusion by the inquiry said that overall, the paratroopers had fired first and that not one of the victims had posed any threat.
At that time Prime Minister, David Cameron, issued an apology in the House of Commons – saying killings were "improper and unacceptable."
Authorities commenced investigate the incident.
An ex-soldier, identified as the accused, was prosecuted for homicide.
Accusations were made over the deaths of the first individual, in his twenties, and twenty-six-year-old the second individual.
The defendant was further implicated of trying to kill multiple individuals, other civilians, further individuals, an additional individual, and an unnamed civilian.
There is a judicial decision protecting the veteran's anonymity, which his attorneys have maintained is required because he is at threat.
He testified the examination that he had solely shot at people who were carrying weapons.
That claim was disputed in the concluding document.
Evidence from the examination would not be used directly as evidence in the court case.
In court, the accused was hidden from public with a protective barrier.
He made statements for the first time in the hearing at a session in that month, to answer "not responsible" when the allegations were put to him.
Family members of those who were killed on that day journeyed from the city to Belfast Crown Court daily of the proceedings.
John Kelly, whose brother Michael was fatally wounded, said they were aware that attending the case would be painful.
"I remember all details in my recollection," the relative said, as we walked around the main locations discussed in the proceedings – from the street, where Michael was fatally wounded, to the adjacent the courtyard, where James Wray and another victim were fatally wounded.
"It reminds me to my location that day.
"I participated in moving my brother and put him in the vehicle.
"I relived the entire event during the proceedings.
"Notwithstanding enduring the process – it's still worthwhile for me."