PPS statement regarding acquittal of Soldier F

Publication date:

The Public Prosecution Service (PPS) acknowledges the acquittal today of Soldier F on a range of criminal charges, including murder, in relation to events of 30 January 1972, known as Bloody Sunday.

We respect the verdict reached by the Trial Judge after thorough consideration of the legally admissible evidence relating to the murders of James Wray, 22, and William McKinney, 26 and the attempted murders of Joseph Friel, Michael Quinn, Joe Mahon, Patrick O’Donnell and others unknown. 

Director of Public Prosecutions Stephen Herron said: “The challenges of prosecuting legacy cases are well documented. From the outset, this case presented complex legal and evidential issues, including the admissibility and reliability of statements taken from soldiers by the Royal Military Police at the time. These difficulties have been recognised by the courts, including the Divisional Court when giving judgment on a challenge to the PPS decision to discontinue the prosecution of Soldier F and not to prosecute the other soldiers who fired shots on Bloody Sunday. 

“Our thoughts today are foremost with the Wray and McKinney families, those who were wounded, and the loved ones of all killed and injured on Bloody Sunday. We understand that today’s outcome comes after a prolonged and painful process for those families. 

“We thank the families - both those involved directly in the prosecution and others - for the constructive and dignified way they engaged with us over a number of years. 

“We can assure the public that all decision-making in this case was conducted independently and impartially and fully in accordance with our Code for Prosecutors.”

ENDS 

Notes to Editors

  1. The original decisions as to prosecution in this case issued on 14 March 2019. The PPS press release announcing the decisions can be found on the PPS website.
  2. The PPS took a decision in July 2021 not to proceed with the prosecution of Soldier F after careful consideration of the impact of a court ruling made in May 2021 that evidence relied upon in the prosecution of two former soldiers known as Soldier A and Soldier C was inadmissible because of the circumstances in which it was obtained. The reasoning for this decision can be found on this page.
  3. The PPS decision not to proceed with the Soldier F prosecution was challenged by way of Judicial Review proceedings which led to the Divisional Court ruling of 23rd March 2022. This ruling can be found on the Judiciary NI website.
  4. The PPS considered this ruling of March 2022 gave rise to points of law of general public importance that would have merited consideration by the Supreme Court. The Divisional Court ruled that this was not the case on 6th September 2022, leading to a fresh review of the decision to prosecute Soldier F.
  5. The PPS announced that it was recommencing proceedings against Soldier F on 22nd September 2022.
  6. All decisions by the PPS are taken strictly in accordance with the Test for Prosecution which involves two stages. The Test for Prosecution is met if, in relation to an identifiable suspect, the available evidence is sufficient to provide a reasonable prospect of a conviction (the Evidential Test) and if prosecution is in the public interest (the Public Interest Test). The Evidential Test must be passed first before the Public Interest Test is considered. Further information can be found in the PPS Code for Prosecutors.
  7. Media queries for the PPS should be referred to the Communications Unit by emailing ppspressoffice@ppsni.gov.uk inside office hours. The out of hours press officer can be contacted on 07795 480234, 07920 271804 or 07341 800254