DEATH ON THE STREETS OF DERRY.
Tony Gifford. NCCL. 21pp. 75p
Tony Gifford is a Labour Peer and a Queen’s Counsel.
His pamphlet follows visits to Derry where he questioned eye-witnesses to two incidents in April 1981.In them three young civilians, all unarmed, Irish and Catholic, met their deaths.
Fifteen-year old Paul Williams was shot by an RUC man with a plastic bullet after police had been attacked with stones. From the evidence Gifford is satisfied as regards the fact that the RUC were not in danger, that the boy was alone when shot, that the range was at most ten yards, and the shot was head high, apparently (against regulations), aimed that way deliberately. As regards law, he is certain that a charge of murder should have been brought, and sustained, in court. No charge whatever was brought against the RUC.
Nineteen-year old Gary English and Eighteen-year old James Brown died after two Land Rovers, armoured and weighing three-quarters of a ton each, were driven at a speed of between fifty and sixty miles an hour into a crowd. Already felled by one of the vehicles,and probably already dead, English’s body was run over by one of the vehicles reversing.
From evidence, including that of an experienced BBC journalist, Gifford is convinced that the direction and speed of the vehicles were deliberate, and that charges of murder should have been brought and sustained against the British soldiers involved. One British soldier was charged with causing death by dangerous driving, and another was charged with aiding and abetting him. They were acquitted by a jury after a trial which prompts Gifford to inform as to the correct
procedure for a court of justice.
For one thing, a judge should direct a jury on the law, particularly on the definition of a crime. For another he should remind them of the evidence. Mr Justice Hutton failed to explain the law, disposed of the evidence in five paragraphs, and in passages covering six pages of transcripts spoke for the defence.
Gifford is not satisfied with the conduct of the Prosecution either. Wrongfooted from the start by not bringing charges of murder and bringing the damning evidence to convince the jury, they allowed the judge throughout to impute innocent motivation to the Army. The Crown QC abandoned the case at the critical stage, leaving the Junior Counsel with the burden of cross-examining the defendants and the other crucial task of making the final speech.
Introducing the booklet, Gifford asks the following questions –
.
What is the real meaning of the “minimum force” policy of the security forces?
What constraints are there in practice and what faith can the community have in the process of judicial hearing?
It is many tears since these questions exercised the keenest minds in Derry.
Conservative propaganda, as instances by Humphrey Atkins in THE DAILY MAIL include the the three youths amongst those killed by the IRA, whilst THE TIMES numbers them amongst its spurious calculation of Protestant Martyrs.
(Review in the FEBRUARY 1985 edition of THE IRISH DEMOCRAT by Donal Kennedy).
Mr Justice Hutton went on to become Lord Hutton, Chief Justice of Northern Ireland.
In 1997 the 18-year nightmare of Conservative rule in Britain ended.
But Britain remained the Warfare State it has been for centuries.
In 1983 Britain went to war for a lie. Neither Saddam Hussain nor IRAQ had anything to do with the
9-11 attacks on the USA nor was their any intention by IRAQ of attacking the UK. Britain’s expert
on its capabilities David Kelly, who did not support Tony Blair’s excuse for the British and American
bombardment of Iraq, was found dead near his home in 1983.
The normal procedure would be for an open Inquest on his death.
Instead Blair telephoned Lord Hutton who did as he was told by him,
just as Lord Widgery had done, with similar integrity, when instructed by
Edward Heath and Lord Hailsham after their murder of demonstrators
in Derry on Bloody Sunday in 1972.
Paul Whitters was the name of the boy who lost his life when struck on the forehead by a plastic bullet in Derry on 15 April 1981.
Thanks for the correction.
My original review in the IRISH DEMOCRAT had the correct name.
I boobed with the transcription.
On the further remarks, David Kelly died in 2003, not 1983conveniently for the British Government.
Forgive my mistake
No Inquest was held and Tony Blair gave Lord Hutton instructions which he followed.
A report of the meeting which followed between the great statesman and the former Chief Justice
of Northern Ireland would turn the stoutest of stomachs. They virtually kissed and curtseyed to
each other.
From Donal Kennedy