Daniel Hegarty’s family ‘lost for words’ as PPS to appeal Soldier B prosecution ruling

‘Soldier B’ who was accused of shooting the 15-year-old boy Derry schoolboy in July 1972 recently passed away before being prosecuted to court.

It has now emerged that the PPS has lodged an Application for Leave to Appeal to the Supreme Court in relation to the judgment earlier this year which quashed their decision not to prosecute Soldier B.

In a statement, Daniel’s sister Margaret Brady, on behalf of the family, said: "Within a week of the death of Soldier B and all the trauma that created for his family and our own, the PPS lodged an Application for Leave to Appeal to the Supreme Court in relation to the judgement involving the dead British soldier of June 29, 2023.

“It is a matter of public concern that the PPS did not act as fast as they are now over the course of the last number of years.

“If they had, the prosecution of Soldier B, when he was alive, would have been concluded. Our solicitor was served with more legal papers on Thursday last, September 28, 2023.

"This feels like an act of final exquisite cruelty against us. It perpetuates this never-ending nightmare of a miscarriage of justice we have suffered. We are lost for words apart from to repeat that what has happened in Daniel’s case since 1972 requires detailed public scrutiny."

Responding to the Hegarty family statement, a PPS spokeswoman said: “The Divisional Court ruling in relation to the PPS decision to discontinue proceedings against Soldier B has been considered carefully.

“The PPS believes it necessary to now take steps to seek clarity on a number of legal issues raised by the ruling, by means of an application for permission to appeal to the Supreme Court. Notice of this application and written submissions were recently lodged with the court.

“The PPS considers that the judgment raises questions of law of general public importance that are still relevant after Soldier B’s death and have the potential to impact future cases.

"We appreciate that this development has understandably added distress to the family of Daniel Hegarty so soon after the death of Soldier B. We do not wish to add to their upset in any way.

“However, the final Order of the Divisional Court issued on September 12, 2023 and notice to appeal must be given within a strict timeframe thereafter.”

The SDLP leader and Foyle MP Colum Eastwood said: “The Hegarty family has been treated disgracefully by public agencies throughout their long campaign for truth and justice. This application by the PPS, and the speed with which it was undertaken, adds insult to injury.

“There should be a full review of how this process has been conducted, how victims have been treated and, frankly, an apology for Daniel’s family.”

Tributes to family of Daniel Hegarty after decision not to prosecute soldier quashed