Bloody Sunday families lodge High Court application seeking judicial review of PPS decision

In a statement, Madden & Finucane solicitors confirmed that on December 23 they lodged in the High Court ‘an application for leave to apply for judicial review of decisions of the Public Prosecution Service not to prosecute additional former soldiers of Support Company, First Battalion the Parachute Regiment, for the murders carried out on Bloody Sunday in Derry, on January 30,1972.’

They added that the application is brought by five relatives of those murdered and a leave hearing is expected early in the new year.

In September, it was confirmed that an internal review of the PPS decisions not to prosecute 15 soldiers reported in connection with the events of Bloody Sunday had resulted in those decisions being upheld.

All reviews were undertaken by PPS Senior Assistant Director Marianne O’Kane, who was not previously involved in the cases. The requests received related specifically to the deaths of ten of the victims who died on the day, as well as ten others who were injured. In line with the review process set out by the PPS Code for Prosecutors, Ms O’Kane applied the Test for Prosecution afresh to the large volume of complex evidence and information considered by the original PPS decision-maker in order to reach new decisions. Detailed legal submissions received were also considered in the course of the reviews. She concluded that the Test for Prosecution was not met on evidential grounds to prosecute any of the 15 soldiers in connection with the specific deaths or injuries sustained.

Following the decision,it was confirmed that families would seek judicial review. Ciaran Shiels, solicitor at Madden & Finucane said the decision was ‘deeply disappointing’ for the families.