Pat Finucane Centre praise Derry families' 'dignity and courage' in fight for justice over 1971 killings

Sara Duddy, Advocacy Support Worker with Pat Finucane Centre in a brief press conference held alongside the relatives of Annette McGavigan and Billy McGreanery immediately after the decisions were confirmed late on Monday afternoon, said that they had been waiting on news all day as to whether or not the prosecutions for murder would go ahead.

Annette McGavigan was 14 years old when she was shot dead by a member of the Royal Green Jackets Regiment in the Bogside on September 6, 1971, as she watched a riot.

William McGreanery was 41 when he was shot by a member of the 1st Battalion Grenadier Guards in the early hours of September 15, 1971 and died in hospital a few hours later.

Two former soldiers were reported on two separate investigation files submitted to the Public Prosecution Service (PPS) by the PSNI.Announcing the decision, PPS Assistant Director Martin Hardy said: “We have carefully considered all the evidence reported in connection with both cases. The standard of proof needed for a criminal prosecution is high. For a conviction, the prosecution must establish beyond a reasonable doubt, through admissible evidence, the commission of a criminal offence by an identified suspect. These two cases were individually considered by two experienced prosecution teams. It has been determined 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.”In the case of William McGreanery, prosecutors, the PPS said, were “satisfied that the available evidence was capable of proving that Mr McGreanery was unarmed and presented no threat to any soldier. However, the admissible evidence was insufficient to prove that the reported suspect was the soldier known as Soldier A who was responsible for causing Mr McGreanery’s death”.In the case of Annette McGavigan, who was also entirely innocent, the PPS said prosecutors could not prove that the reported suspect fired the shots that killed the teenager.

The PPS concluded that “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.”

Speaking immediately after the decisions were announced, Sara Duddy from PFC said: “We have been waiting on the news all day from the Public Prosecution to tell us whether or not there is going to a prosecution in respect of Billy McGreanery’s death and Annette McGavigan’s death and we found out about 15 minutes ago that sadly there is going to be no prosecution in either case. This is devastating news, it’s extremely disappointing for both the families.

"From our point of view, I’ve worked with both families for well over a decade. I’ve always been so in awe of their dignity, their courage, their resilience, their bravery. I’m so devastated for them today.”

Sara Duddy outlined how they had assisted the families with engagement with the authorities and witness appeals that resulted in people coming forward and sharing what they witnessed at the time. “We are just really, really disappointed because it is literally two days before the Legacy Act comes into effect and we are sitting here with two families who are being denied justice.”

Sara said the families and their legal teams will now look at what avenues were open to them in terms of continuing their long campaigns for justice.

"It’s probably not the end of the road. We have two substantial decisions that we haven’t considered yet. The families need time to look at the decisions with their lawyers, to reflect on them to see if there is anywhere to go in terms of a review or an appeal.”

Speaking to the Journal shortly afterwards, both families praised staff at the Pat Finucane Centre for all the support, diligence, guidance and the assistance they have given to them through the years in their quest for justice.

Within an hour of the decision it emerged that in the case of Annette McGavigan, the Attorney General at the request of the legal team acting on behalf of the McGavigan family – had granted a fresh Inquest into the Derry teenager’s death.