Hundreds of former British soldiers, who are to be called as witnesses in the Bloody Sunday Inquiry, have won their High Court case in London to avoid giving their evidence in Derry. The soldiers fear reprisal attacks by dissident Republicans.
Two judges overturned a decision by the Inquiry, headed by Lord Saville, that the witnesses must attend in person at Derry's Guildhall. The test case was brought by 36 military witnesses. They accused the Inquiry of knowingly exposing individuals to the risk of death by insisting that they must attend in person at the Guildhall.
Lawyers said that the Inquiry's decision was made despite concerns expressed by the British Ministry of Defence that the former military personnel would be targets for dissident Republican organisations in the area.
The lawyers successfully argued that the former soldiers, who have already won the right to anonymity, should be allowed to testify in London, with a live video link-up to Derry.
A solicitor representing the majority of the families of the victims said that they were extremely disappointed but not surprised at the decision, given "the succession of favourable rulings from English courts in favour of the Parachute Regiment members".
Solicitor Ciarán Shiels of Madden & Finucane said that the willingness of the courts to interfere in the decision-making of the distinguished international Saville Inquiry was without parallel in modern history.
He said that the families did not accept there was a risk to the soldiers' lives if they were to travel to Derry to take part in the Inquiry. He said that it was noted the judgement was given the day after Queen Elizabeth and the Duke of Edinburgh had visited Derry. The city was thus regarded as safe enough for the British royal family, but apparently not for former British soldiers to give evidence, he added.
Mr Shiels said that the proper place for the soldiers to give their evidence was, as the Bloody Sunday Inquiry held, the Guildhall in Derry, where hundreds of civilian witnesses had already given their evidence and continued to do so. He said that it was expected the Saville Inquiry would appeal against the decision by the High Court in London.
