British Parachute Regiment soldier grabs protester
The Saville tribunal, which is investigating the events of Bloody Sunday, has been granted leave to appeal today's High Court decision that 17 soldiers should be allowed to remain anonymous when they give evidence. The High Court ruling has been criticised by the families of those killed and wounded; they said that the interest of justice had not been served. The Sinn Féin chairman described the ruling as a significant blow. Mitchel McLaughlin said that he very much hoped that the enquiry would challenge the decision. The chairman, Lord Saville, had previously ruled that the identities of the men should be disclosed.
The seventeen former soldiers, who are due to appear before the new Bloody Sunday Inquiry, won their High Court battle over the decision to deny them anonymity. The court ruled that the Saville Tribunal's decision was legally flawed, when it said that the ex-soldiers, mainly from the Parachute Regiment, must reveal their names when they give evidence. It said that the tribunal must now think again. 14 unarmed civilians died after British troops opened fire on a civil rights march in the city in 1972.
Last month, Lord Saville, who is chairing the three-man Tribunal of Inquiry into Bloody Sunday, ruled that the men should be named, unless there were special reasons to justify their anonymity. The High Court action followed concern by the former soldiers for their safety and that of their families because of possible reprisals.
The families of those killed and wounded on Bloody Sunday said the interest of justice had not been served. In a statement, they said that they were very disappointed that the High Court in England saw fit to intervene. They said that they would make strong representations to the enquiry to appeal the decision immediately.
In another development, families are to take legal action against a second English newspaper, which is backing the soldiers in their fight. The families have already been granted a temporary injunction against the Daily Telegraph prohibiting it from publishing libellous material about the relatives of the Bloody Sunday dead.
Later today they are expected to apply for a similar injunction against the Daily Mail. In the High Court in Belfast today, a lawyer for three relatives applied for the injunction against the Daily Telegraph to be made permanent. Michael Lavery, QC, said that the British Army was resisting the Saville inquiry and was being supported by the Daily Telegraph, which claimed the inquiry was a sop to the IRA.
He said that the revelation that the names of five former soldiers had been given to the families led to the Daily Telegraph claiming that the names had been passed to the IRA and the former soldiers "were as good as dead." Mr. Lavery said that the three plaintiffs, Michael McKinney, John Nash and Charles McGuigan, were well-known relatives of Bloody Sunday victims.
Their prominent involvement with the Saville inquiry was not out of vindictiveness, he said. "It is simply to get at the truth of what happened in 1972," said Mr Lavery. "Far from wishing any harm to these former soldiers, they are very anxious that no harm should come to them because that might frustrate the purpose of the inquiry." The Daily Telegraph's lawyer will present a counter argument to Mr Justice Kerr later today.
