‘Annette was an angel... it's just shocking’ - siblings react to decision not to prosecute over 1971 killing

Annette McGavigan’s brother Martin and sister May were informed by the Public Prosecution Service at around 4pm on Monday along with the relatives of Billy McGreanery that that there would be no prosecution of soldiers in either case.

“To come out with the decision it is... you are sort of living in hope, you are hoping you would have got justice for Annette’s murder but they think otherwise. If it happened anywhere in the world there would be uproar,” Martin McGavigan told the Journal immediately after being told the decision, adding:

"To fight for justice for years and years and for them to close the door on you, it is just shocking, it is a shocking decision.

Speaking about the toll Annette’s killing has taken and the 53-year campaign for justice Martin said: “Annette was an innocent schoolgirl. You could say the wrong place at the wrong time, it could have been somebody else. It’s destroyed our family, not alone our family but other families have gone through the same. Our whole family is sort of nervous because of it; we grew up with it and we got a bit of hope through the Pat Finucane Centre – we wouldn’t be here today without them, they have done remarkable work, we can’t thank them enough – you live in hope but it goes down with a dash, and they leave it until the very end, the two families together, that’s cruel.”

Annette McGavigan was still wearing her St Cecilia’s Secondary School uniform when she was shot and killed by a British soldier in the Bogside on September 6, 1971.

The 14-year-old, who had wanted to become a nurse, was shot as she watched a riot in the Bogside area in a killing that sparked revulsion across the city and beyond.

The Journal reported at the time how Annette and her fellow schoolmates had been let out of school early that day due to the disturbances in the area. Later that week, our paper also reported how more than 10,000 people attended the funeral and followed her remains to Derry City Cemetery.

Recalling Annette, May and Martin described their sister as a lovely person.

"She was a lovely girl, she was like a mother figure… what she had in front of her, she just never got a chance,” Martin said.

"She was an angel,” May added.

The Public Prosecution Service (PPS) announced its decision not to prosecute in connection with Annette’s death on Monday of this week. A former soldier, known as Soldier B, was reported in connection with the shooting of Annette in a file from the PSNI to the PPS.PPS Assistant Director Martin Hardy said it was determined in the case, as in the separate McGreanery case, that the available evidence in both cases is insufficient to provide a reasonable prospect of conviction.“Both cases featured significant evidential difficulties arising from the circumstances in which accounts were taken and recorded, both by the Royal Military Police in 1971, and later by the PSNI’s Historical Enquiries Team.“In addition, the death of significant witnesses and a failure to conduct effective investigations at the time has undoubtedly hampered more recent investigative efforts and the prosecutorial prospects in these cases.”The PPS came to the conclusion that “in the case of Annette McGavigan, who was entirely innocent, prosecutors could not prove that the reported suspect fired the shots that killed the teenager. It also could not be disproved that the shots may have been aimed at a gunman that some witnesses reported seeing, and were therefore fired in lawful self-defence”.Mr Hardy said: “We recognise that these decisions not to prosecute will be deeply disappointing to the victims’ families who lost their loved one in very painful circumstances and are understandably still seeking clarity on what happened.“We have today written to them to explain the detailed reasons for the decisions and have offered meetings to give any further explanation they may require about the basis of these decisions.“As difficult as these outcomes will be for the families of those killed, we have offered assurances that we have taken these decisions only after a thorough and impartial consideration of all the available evidence and relevant legal issues and in line with the Code for Prosecutors.”

The decision by the Public Prosecution Service came two days before the British government’s controversial Legacy Bill was due to come into effect on Wednesday of this week.

Martin and May McGavigan described the new legislation as ‘wrong’ and ‘unjust’ and vowed that they ‘won’t give up the fight’ for justice.