The Guardian reports what everyone already knew. There may be a distinction between murder and unlawful killing but we’ll leave that to the lawyers. David Trimble’s view on the shameful Widgery enquiry says something about the thinking that motivates cover ups.

More on this later but we have to realise that times have changed and the British would never dream of murdering unarmed civilians in our more enlightened times.

image The long-awaited report into the Bloody Sunday massacre will conclude that a number of the fatal shootings of civilians by British soldiers were unlawful killings, the Guardian has learned.

Lord Saville’s 12-year inquiry into the deaths, the longest public inquiry in British legal history, will conclude with a report published next Tuesday, putting severe pressure on the Public Prosecution Service in Northern Ireland to prosecute soldiers.

Lord Trimble, the former leader of the Ulster Unionists and one of the architects of the Good Friday agreement, revealed to the Guardian that when Tony Blair agreed to the inquiry in 1998, he warned the then prime minister that any conclusion that departed "one millimetre" from the earlier 1972 Widgery report into the killings would lead to "soldiers in the dock".

One unionist MP who did not wish to be named described the conclusion of unlawful killings as a "hand-grenade with the pin pulled out that is about to be tossed into the lap of the PPS" in Northern Ireland.

Thirteen unarmed civilians, all of them male, were shot dead at a civil rights march in the Bogside area of Derry in January 1972. A 14th man died of his wounds several months later.

The killings electrified nationalist protests against British rule in Northern Ireland and Bloody Sunday became a critical moment in the history of the Troubles, dramatically boosting the popularity of the Provisional IRA in the province and, according to many people, acting as a catalyst for much of the violence that followed.

The results of Saville’s hearing will be released to the public at 3.30pm on Tuesday when David Cameron announces its publication to the House of Commons.

Up to 10,000 people are expected to march around lunchtime that day into Guildhall Square in Derry, where they will watch live reports about the inquiry’s conclusions on giant television screens. They will trace the same route that the civil rights marchers had attempted to take on Bloody Sunday, which the Stormont government, dominated in 1972 by unionists, had banned.

Families of those killed in the massacre 38 years ago have focused on a number of soldiers who were identified and gave evidence during the 12 year old tribunal. These include "Soldier F" who, according to the relatives of the Bloody Sunday dead, shot four to six of the victims. Told during the inquiry that his evidence amounted to perjury, he did not demur.

Though witnesses were protected from self-incrimination, an exception was made for perjury. And government law officers made it clear that criminal prosecution against an individual was not ruled out in the light of any evidence that emerged from other witnesses or from documents. Sources familiar with the inquiry said yesterday that Saville may not explicitly recommend criminal prosecutions and much will depend on his message, whether direct or indirect, to the PPS.

The PPS, headed by Sir Alasdair Fraser, will make the decision on prosecutions because the killings occurred in its jurisdiction, rather than the Crown Prosecution Service in London. Fraser will have to take into account the public interest in a prosecution, and the likelihood of securing a conviction.

Among survivors who were shot on the day and the families of the dead, there are many demanding that a number of British paratroopers should be prosecuted through the courts.

They could initiate a private prosecution and sue for compensation in a civil court.

Trimble, a Nobel peace prize winner, said that during the all-party talks of late 1997 and early 1998 he told Blair that a new inquiry would end up with soldiers being dragged through the courts.

He described the establishment of the tribunal during the peace talks as a "sideline deal independent from the Belfast agreement".

On his warning to Blair, Trimble said: "I just reminded him that the Widgery report of 1972 concluded that the troops’ behaviour, to quote from the report, ‘bordered on the reckless’.

"Then I told the prime minister that if you moved from one millimetre from the that conclusion you were into the area of manslaughter, if not murder," he said.

"I pointed out to Blair that we would see soldiers in the dock. I told him that at the time of the talks leading to the Belfast agreement," Trimble said.

Blair and the then Northern Ireland secretary, Mo Mowlam, announced the establishment of the Saville inquiry on 30 January 1998 – the 26th anniversary of the shootings, citing "compelling new evidence".

At the time Blair and Mowlam, who has since died, were locked in the intensive negotiations between unionists and nationalist that ultimately led to the Good Friday agreement of 1998.

However, Trimble said that the inquiry was "not in any way part of the agreement".

He added: "At the time of the talks the parties, it seemed to me, did not want to be obsessing on the past. The problem was that Blair, for reasons that I can’t understand, gave in to pressure for a selective inquiry."

9 responses to “British Army unlawfully killed civilians”

  1. Prof McWilliams Avatar
    Prof McWilliams

    As someone with vaguely unionist leanings, I’ve never understood the Big U Unionist’s stance on this – army kills 13 people, rioting or not, army is not above the law, soldiers/army leadership should be effectively investigated and punished where applicable. The Big U’s as usual pick and choose what they regard as “Britishness”. Having an army above the law isn’t what I regard as Britishness. Truth is, most of them aren’t unionist at all, they are anti-things rather than pro-them.
    In talking about “selective enquiries” they equate the British Army with the IRA. The state killed people illegally, which is different from an illegal organisation doing likewise.
    That said, it does open a can of worms somewhat. Martin et al are now effectively part of the state, and if they are proved to be involved in things it could lead to more cases.

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  2. my GMB branch voted yesterday to affiliate to the campaign for justice for the victims of the Bally murhey massacre, and we will be leafleting Tolpuddle on behalf of the campaign

    maybe see people there

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  3. that should of course by Ballymurphy.

    I can’t type, it is a probnlem with dispraxia, my fingers hit the wrng keys.

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  4. […] Read the original post: British Army unlawfully killed civilians « Mac Uaid […]

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  5. Great points made by Prof McWilliams, given the recurring thematic influence of justice over the recent few months, today’s report has a massive opportunity for the region.
    In all honesty, the can of worms analogy may prove best as once “truth” (always a problematic terms in both Northern Ireland and the politics of memory in which both the report and Bloody Sunday now reside) is established, the lid will be placed back upon that can. Legal reprecussions will be an obvious option but like the report will take generations to come to fruition.

    Running a continuous commentary on report on http://www.theoutposting.com if anyone would like to contribute.

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  6. “Some say the devil is dead….”
    We learn how the Brits covered up murdering a people who they constructed as lesser beings.
    Just as today they we cover up torture and murder of the barbabic , uncivilised, terrorist prone -lesser beings in Iraq and Afghanistan; men, women and children…
    No more bloody Sundays !

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  7. It is interesting to hear how the debate is framed within the British media, without exception they mention cost, millions and how long it took, they tend to briefly mention of how the relatives are pleased, no context as to what happened on the day or why

    Finally, in Radio Four’s 12:00 am news, they then bring on some military people to suggest have they done well after all the troubles with the inference that no one (no military person) should be prosecuted, etc etc

    It is marvellous to see how the British can always manage, with suitable understatement, to sweep under the carpet the results of their brutality and murder, a month from now it will be forgotten in the mainstream media.

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  8. General Sir Mike Jackson was 2nd in command of 1para on that faithful day and he rose to the top of the army ladder. That shows how seriously the army took what went wrong

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