Veterans Commissioner on Troubles Legacy Cases
Former soldiers are not requesting immunity from prosecutions related to the Troubles but are advocating for "fairness and balance," according to Northern Ireland's veterans commissioner, David Johnstone.
Johnstone emphasized that veterans desire a process that appreciates the contextual background of legacy cases and expressed that a coroner's inquest is not the most appropriate method to investigate such matters.
His remarks followed an inquest into the 1972 shootings of five individuals in west Belfast, which concluded that the Army "lost control" in several instances and "overreacted to a perceived threat." The victims were Fr Noel Fitzpatrick, 42; Patrick Butler, a father of six, 37; David McCafferty, 15; John Dougal, 16; and Margaret Gargan, 13, all shot in the Springhill estate.
On Thursday, Coroner Mr Justice Scoffield determined that the force used in all five shootings was "not reasonable."
'Soldiers' Families Also Deserve Truth'
Discussing the inquest on Good Morning Ulster on Friday, Johnstone stated that no veteran fears the truth and that the actions of the young soldiers at Springhill should be viewed within the broader context of the violence experienced in 1972.
"I think the findings in this case again highlight the coroner's inquest is not the best route to examine legacy cases,"
"About 472 people lost their lives in 1972. There was 109 soldiers killed, many of them in Belfast. And those families also deserve truth."
A new framework to address Troubles legacy cases was agreed upon by the UK and Irish governments in September of the previous year.
This agreement reforms the controversial Legacy Act, which previously included conditional amnesty provisions and faced strong opposition from victims' groups and all political parties in Northern Ireland.
The government has encountered pressure from veterans and some Members of Parliament who argue that the legislation does not sufficiently protect veterans.
"The veterans that I speak to and represent are not looking for some type of immunity," Johnstone told NI.
"What veterans want and what we've been lobbying for is a process that makes sure that there isn't vexatious prosecutions.
"That our legal system is not used simply to bring forward cases where there's no new evidence and where the threshold of evidence has to reach a bar of beyond reasonable doubt.
"That's what we want, fairness and balance."
West Belfast MP Paul Maskey has called for a legacy act that does not grant amnesty to British soldiers.
Sinn Féin MP Maskey stated that the coroner's findings validate families who have long asserted that their loved ones were innocent and were shot without justification.
"Sitting through the court yesterday, it must have been very hard for the family members, but it was something that they already knew,"
"Their family members were shot in the back. Soldiers lost control on the streets of Springhill and Whiterock.
"That is something that the family members already knew but to hear it again at the court, to me, that justifies what the family have been saying all along."
He cautioned against any attempts to restrict future prosecutions and affirmed that victims' families would never accept immunity for soldiers.
"There can't be any amnesty for British soldiers because I don't think families will ever, ever accept that."
What is the Legacy Act?
The Northern Ireland Troubles (Legacy and Reconciliation) Act was enacted in 2023 by the then Conservative UK government.
This legislation offered conditional immunity from prosecution to individuals involved in Troubles-era crimes, including paramilitaries and security forces, in exchange for cooperation.
The act was widely criticized by victims' families, political parties, and the Irish government for effectively preventing prosecutions.
Subsequently, parts of the act were declared unlawful by the High Court in Belfast, increasing pressure on the government to amend the legislation.
The current Labour government is working to repeal and replace the act, removing its immunity provisions.
A new legacy bill is under development but has been delayed and remains a subject of political disagreement.
