Identities of soldiers still not clear, probe told

THE identities of the soldiers who killed 13 civilians and wounded 14 others on Bloody Sunday are still not clear, the inquiry into the events more than 30 years ago was told yesterday.

Tue, 23 Nov, 2004 - 00:00

Gary Kelly

Despite an inquiry lasting more than seven years at an estimated cost of €220 million, it was not known which Parachute Regiment soldiers had carried out the majority of the shootings in Derry, counsel to the Saville Inquiry Christopher Clarke said in his closing statement.

“It has to be said that, even after many days of evidence, the answer to even the first question - Who shot them? - is not, on the soldiers’ evidence, in any way clear,” Mr Clarke said.

However, he said Soldier F had appeared to have shot one of the dead, Michael Kelly, while Soldier G had shot two others, Gerard McKinney and Gerard Donaghy.

Another of the deceased, Kevin McElhinney, was shot by either soldiers K, L or M, he alleged, while two of the wounded, Damien Donaghy and John Johnston, appeared to have been shot by Soldier A or B.

The panel of three judges, chaired by Lord Saville, is due to submit its final report based on the evidence to the British government next summer.

Mr Clarke was critical of the planning by military chiefs on the days before the civil rights march. He said the Commander of Land Forces, General Robert Ford, had left the detailed planning for the arrest operation to officers lower down the ranks, including Brigadier Pat MacLellan and the commander of the Paras, Colonel Derek Wilford.

Brig MacLellan, in his evidence to the inquiry, had said he did not know the details of the plan to be used by the Parachute Regiment when it went into the Bogside.

Mr Clarke said: “The tribunal will wish to consider whether there was inadequate planning as a result of which the operation which was carried out was likely to be unsuccessful, and indeed risky.

“If it were so to conclude, it would mean that the tragedy of Bloody Sunday arose from an operation that was unlikely to achieve its ends and carried out on the orders of someone who had no clear idea of what the arrest force planned to do at the time when he launched it.”

The central question before the tribunal, he added, was why and how were 13 civilians killed and 14 wounded.

“The tribunal may attach some significance to the fact that so much is unexplained,” he said.

“It might conclude ... that so much is unexplained because no justifiable explanation could be given.

“On the other hand it might take the view that uncomfortable facts have been airbrushed out of history and that the situation the soldiers faced was radically different to that of which the civilian evidence speaks,” he added.

Bloody Sunday inquiry

THE six-year inquiry into the shooting of 14 protesters by British troops in 1972 is expected to cost over €220 million. Here are some of the biggest earners:

CHRISTOPHER CLARKE QC

Who is he? Counsel for the inquiry.

Expertise: Leading commercial lawyer.

What did he do? Gave up lucrative private practice during the inquiry. He and his team advised the tribunal, presented evidence and questioned the 921 witnesses called.

Earnings: €5.2m.

LORD GIFFORD QC

Who is he? Counsel representing victims’ families.

Expertise: Leading human rights lawyer.

What did he do? Cross-examined witnesses on behalf of some of the families.

Earnings: €880,000.

MICHAEL MANSFIELD QC

Who is he? Counsel representing families.

Expertise: One of the country’s top barristers.

What did he do? Questioned witnesses on behalf of families.

Earnings: €800,000

EDWIN GLASGOW QC