Application made for Soldier F to attend court remotely

District Judge Ted Magill said that he had to balance the particular situation which we find ourselves in with Coronvirus against the needs of justice’ and if everybody else involved in the case is going to be attending remotely, he would have an ‘initial view the same should apply to the defendant’.

Soldier F is accused of the murder of James Wray and William McKinney on January 30, 1972.

He is also accused of the attempted murder of Joseph Friel, Joseph Mahon, Michael Quinn and Patrick O’Donnell on Bloody Sunday.

A further charge accuses Soldier F of the attempted murder of a person or persons unknown.

Derry Magistrate’s Court heard that everyone involved in the case is working towards holding a mixed committal hearing next month.

Judge Magill said he was holding onto the date in July in the ‘hope and optimistic expectation that things will have improved considerably by then’ in terms of the restrictions due to Covid-19.

He said it is ‘difficult to conduct business’ remotely and he could envisage a number of difficulties for witnesses, who may need to be shown documents or photographs.

However, the judge said he was ‘alive to the issue of getting this case on as expeditiously as we possibly can, not least because it is in the interests of the defendant but also of the witnesses, the persons injured and the relatives of the deceased’.

“All things being equal the idea would be that these matters could proceed in the normal fashion, but it doesn’t look like that is going to happen. Hopefully, by the end of this month there may be a relaxation, but anything I say is predicated upon the understanding that things are subject to change,” Judge Magill added.

He said that everyone is doing their best to try to move the case on next month, but ‘I don’t want anyone to be disappointed if it cannot’.

Turning to a defence application under the Covid Act to allow Soldier F to attend the hearing remotely, Judge Magill expressed his initial view.

He said that the defendant is an elderly man and to ‘require him alone to come to court would seem disproportionate, particularly if it is the situation that the over 70’s should still be taking the extra care they have been hitherto’.

However, Judge Magill said this was an initial view and he would listen to any further submissions on the next occasion.

The case was adjourned until June 25.