by Q Radio News
The Divisional Court has dismissed a former soldier's legal challenge against the Public Prosecution Service, over a decision to prosecute him for the murder of teenager Daniel Hegarty and the wounding with intent of Christopher Hegarty in Derry/Londonderry in 1972.
Both victims were struck by rounds fired from a machine gun on 31st July during Operation Motorman in Creggan.
In April 2019, the PPS announced soldier B was to be charged with Daniel's murder and the wounding with intent of his cousin.
The decision was taken following a review after an earlier decision not prosecute was overturned in 2018.
Soldier B's challenge was the based on the contention that the decision is unlawful on the grounds that it is in breach of his right to life, by reason of medical evidence.
Today judgement dismissed that challenged.
The court ruled that to accept the charge would put him at a heightened risk of sudden death due to ill health, could give potential immunity for any suspect with medical complaints.
A statement from the court said, "The Court concluded that it was satisfied that the steps taken by the prosecutor were appropriate:
“Further, there is a sensitive, well tested, calibrated system of safeguards and adequate protection within the criminal process requiring and allowing special measures to address and mitigate, so far as possible, risk arising from physical or mental ill-health.
"The system of safeguards and protections is sufficient to satisfy the obligations of the State under Article 2 and 3.
” The Court dismissed the application for judicial review."
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