Appeal court supports ruling on Saville order

Updated: 13:48, Wednesday, 19 December 2001

British military witnesses, including former soldiers who took part in Bloody Sunday, will not have to travel to Derry to give evidence to the Saville tribunal.

Paratroopers, Do not have to give evidence in person Paratroopers, Do not have to give evidence in person

The Court of Appeal in London this morning said that they could be a target for dissident Republicans. The tribunal will now have to decide whether to hear their evidence elsewhere or use a video-link from Britain.

Several prospective military witnesses had taken a test case arguing that their lives could be at risk if they went to Derry to give their evidence. This morning the Court of Appeal in London agreed with them.

Soldiers who fired live rounds in Derry had already successfully challenged a tribunal ruling that they should be identified by their full names.

This represents a second legal victory, not just for the soldiers who took part in the events of Bloody Sunday, but for up to 400 military witnesses who would have spent a total of up to a year giving evidence at the Guildhall in Derry.

The three judges said that the former soldiers could present a "uniquely attractive target" for attacks by Republican dissidents. Relatives of some of the victims of Bloody Sunday said that they were disgusted by the decision and would continue to fight to have the evidence heard in Derry.

The Court of Appeal did not suggest how or where the evidence should be heard and it will now be up to the tribunal chairman, Lord Saville, to decide whether the hearing should move elsewhere or allow the witnesses to use a video-link from Britain.

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