Retired British Soldier To Face Trial Over Deadly 1974 Shooting

A retired British soldier is to face Crown Court trial in connection with a 1974 shooting in Northern Ireland.

Dennis Hutchings, 75, has been told by Armagh Magistrates' Court there is sufficient evidence that could lead a reasonable jury to convict him of attempting to cause grievous bodily harm to the 27-year-old victim.

John-Pat Cunningham, who had learning difficulties, was shot dead by an Army patrol as he ran away close to the village of Benburb in June 1974.

Hutchings was charged with the attempted murder of Mr Cunningham and attempting to cause him grievous bodily harm.

Following a preliminary inquiry, a judge has ruled there is insufficient evidence to return Hutchings, who was a colour sergeant at the time, for trial for attempted murder.

However, he has been returned for trial for attempting to cause grievous bodily harm.

District Judge Alan White said he believed there was "ample evidence" from which a jury could conclude that Hutchings fired three shots at Mr Cunningham.

"When considering the circumstances the soldiers found themselves in and the time they had to reach a decision, I can't see that any reasonable jury properly directed could find beyond reasonable doubt that the defendant intended to kill the deceased as opposed to causing him grievous bodily harm. The evidence is sufficient for committal for trial for attempting to cause GBH with intent."

Hutchings, of New Road, Cawsand, Torpoint in Cornwall, was asked to stand in the dock while the charge was read to him.

He was the most senior soldier in a patrol which opened fire on Mr Cunningham. Three shots were fired from Mr Hutchings' rifle, but it has never been proven that any of them hit Mr Cunningham.

When asked if he had anything to say in relation to the charge, Hutchings replied:

"I have got nothing to say at this stage."

The judge agreed to a defence request to alter Hutchings' bail conditions so he could go on holiday before his trial.

It was agreed that his passport could be returned to go on the break.

Hutchings was returned for trial to Belfast Crown Court on a date yet to be fixed.

A Ministry of Defence spokesperson said:

"This process is entirely independent of Government and so it’s inappropriate for us to comment. We understand the strain these proceedings place on our people, both serving and veterans, and will stand by them - funding all their legal costs and providing pastoral support."

Pictures courtesy of South West News Service (SWNS).