Judge seeks further information over plastic bullet claims against MoD

A judge has asked for more information to be sought in a case being taken against the Ministry of Defence (MoD) by a man who was struck by a plastic bullet as a child.

Mr Justice McAlinden said given the passage of time since the incident, he wants to ensure he is being fair to both parties.

Gavin McKenna was partially blinded in Lurgan in April 1997 at a scene involving British Army soldiers.

At the time, the Army said its patrol had come under attack close to the Kilwilke estate.

Local residents disputed that claim.

Mr McKenna is now pursing the MoD through the civil courts.

If successful, he could potentially receive a sizeable compensation pay out.

At a hearing on Monday, Mr Justice McAlinden requested the MoD seeks training records for the soldier who fired the baton round and the “overarching regulatory framework”.

“It would seem on an important issue of this nature, there should have been something in place, and there should be some means of identifying what the system was at the time with some degree of precision,” he said.

“The evidence is that the soldier who fired the round, yes he did have training but obviously he cannot say if the training occurred within the time interval.

“It could have been he doesn’t know so we’re left bereft of any direct evidence in relation to whether this individual was trained in accordance with the guidance in relation to the use of this weapon.

“I know that there’s been a long passage of time between this incident and the hearing of this case, and that’s why I want to ensure that I’m being fair to both parties here by allowing the defendant every opportunity to put forward evidence in relation to this issue.”

He also asked for further clarification on which baton round would have issued to which soldiers in the time period.

The next hearing in the case is set to take place on August 5.