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

The overturning of a decision to stop the prosecution of a former British soldier for the murder of Derry boy Daniel Hegarty has been widely welcomed.
By Brendan McDaid
Published 29th Jun 2023, 14:58 BST
Updated 29th Jun 2023, 14:58 BST
Daniel Hegarty (15) was shot and killed during Operation Motorman in July 1972.Daniel Hegarty (15) was shot and killed during Operation Motorman in July 1972.
Daniel Hegarty (15) was shot and killed during Operation Motorman in July 1972.

The High Court has ruled that the previous decision to halt proceedings will no longer stand, paving the way for a trial to potentially go ahead.

Daniel Hegarty was just 15 when he was killed. He was shot twice in the head by a solder previously referred to as ‘Soldier B’.

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His cousin Christopher Hegarty, then aged 16, was also shot and injured during Operation Motorman in Creggan back in July 1972.

50th anniversary: Father Joe Gormley with family and friends of Daniel Hegarty as they marked the 50th anniversary of his death last year. DER2231GS – 03250th anniversary: Father Joe Gormley with family and friends of Daniel Hegarty as they marked the 50th anniversary of his death last year. DER2231GS – 032
50th anniversary: Father Joe Gormley with family and friends of Daniel Hegarty as they marked the 50th anniversary of his death last year. DER2231GS – 032

An inquest jury back in 2011 concluded that Daniel was no threat and was shot without any warning being given.

In 2019 it was announced by the Public Prosecution Service that it would be going ahead with a prosecution. But two years later in 2021 the PPS announced the prosecution was not going to proceed following a ruling in a separate case.

A judicial review of that decision was subsequently sought.

The Court of Appeal ruling on Thursday has been welcomed.

Reacting to the development Foyle MP, SDLP Leader Colum Eastwood said: “My thoughts today are with the family of Daniel Hegarty who have spent over 50 years fighting for truth and justice following his killing. I know how devastated they were by the decision not to prosecute, and I commend them for their refusal to give up and successfully challenging the PPS’ decision.

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“I welcome today’s ruling by the Court of Appeal which opens the door for the Hegarty family to finally see justice done. Where evidence exists to prosecute it is only right that the courts take forward these cases, no matter how much time has elapsed. I know that the passage of time has not made this any easier for Daniel Hegarty’s family.”

Mr Eastwood said this case ‘again shows the futility of the British government’s Legacy Bill which seeks to close down prosecutions and routes to truth and justice for victims and their families’.

"I hope that this ruling from the Court of Appeal will now see the Hegarty family finally get their day in court and every effort should be made to progress this case as soon as possible.”

Sinn Féin Foyle MLA Pádraig Delargy has also paid tribute to the family of Daniel Hegarty for their determined campaign for truth and justice.

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Pádraig Delargy said: “For over 50 years, the family of Daniel Hegarty have led a determined campaign for truth and justice.

“Daniel Hegarty was only 15-years-old when he was shot twice in the head by a soldier in 1972.

“The Hegarty family’s demand for truth and justice will not stop, and I want to offer our full support to them in whatever steps they take next.

“The British government should scrap its flawed Legacy Bill which is a cynical and cruel attempt to close the door on families who have a right to truth and justice,” he claimed, adding:

“The legacy mechanisms agreed at Stormont House by the two governments and political parties in 2014 should be implemented in a human rights' compliant manner.”