Bloody Sunday families to seek judicial review of PPS decision not to prosecute soldiers

The solicitors firm Madden & Finucane which represents the majority of the victims of Bloody Sunday has confirmed the PPS decision not to prosecute several soldiers for their involvement in the events of January 30, 1972, will be challenged by judicial review.
By Kevin Mullan
Published 29th Sep 2020, 13:21 BST
Updated 29th Sep 2020, 13:22 BST
Bloody Sunday families to seek judicial review of decision not to prosecute.Bloody Sunday families to seek judicial review of decision not to prosecute.
Bloody Sunday families to seek judicial review of decision not to prosecute.

Ciaran Shiels, solicitor at Madden & Finucane said: “Following the PPS decisions last March our office embarked upon a painstaking analysis of the reasons relied upon by the PPS to prosecute only one soldier, and only for some of the murders he was involved in on Bloody Sunday.

"Submissions extending to almost 150 pages were lodged with the PPS setting out why we considered their decision making was flawed and unlawful."

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Earlier today it was announced that an internal review of the Public Prosecution Service’s (PPS) decisions not to prosecute 15 soldiers reported in connection with the events of Bloody Sunday had resulted in those decisions being upheld.

Mr. Shiels said: “Today’s decision by the PPS to uphold its original decision and to bring no further prosecutions is deeply disappointing for the families and wounded who are left with the firm conclusion that members of the Parachute Regiment have effectively gotten away with mass murder.

"They are left with no alternative now but to consider challenging these decisions in the High Court by way of judicial review proceedings.”

Madden & Finucane represent the family of William McKinney with whom Soldier F is being prosecuted for murder and also Joe Mahon, Joe Friel and the late Patrick O’Donnell with whom Soldier F is being prosecuted for attempted murder.

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The firm also represents a further eight families of the deceased who sought reviews of the PPS decision and several of the wounded.

Announcing the outcome of the PPS's internal review Marianne O'Kane said: “The reviews process began substantively in November 2019, after receipt of all legal submissions, and involved applying the Test for Prosecution afresh to all available evidence submitted by the Police Service of Northern Ireland (PSNI) from 2016-17.

“I have concluded that the available evidence is insufficient to provide a reasonable prospect of conviction of any of the 15 soldiers who were the subjects of the reviews. Accordingly, the decisions not to prosecute these 15 individuals all stand.

“I know that today’s outcome will cause further upset to those who have pursued a long and determined journey for justice over almost five decades. I can only offer reassurance to all of the families and victims of Bloody Sunday, and the wider community, that my decisions were conducted wholly independently and impartially, and in accordance with the Code for Prosecutors."