BREAKING: Soldier B prosecution for Daniel Hegarty murder can go ahead

The decision not to prosecute Soldier B for the murder of Daniel Hegarty (15) has been quashed.

The decision to quash the non prosecution was delivered by Lord Justice Treacy in the Court of Appeal in Belfast this morning.

The Public Prosecution Service (PPS) now has 28 days to consider its position.

Daniel’s family have welcomed the Court of Appeal’s decision and “expect the criminal process to continue in Derry”.

British soldier murdered Daniel and stepped over his body

Public Prosecution Service playing mind games with families – Margaret Brady

Daniel Hegarty was one of two people shot dead in Derry during Operation Motorman on July 31, 1972.

Barrister David Heraghty appeared for Margaret Brady, Daniel's sister. He was instructed by Desmond Doherty of Elev8law and led by Michael Mansfield QC.

Counsel for the Public Prosecution Service was Dr Tony McGleenan QC and Mr Mark Mulholland QC appeared for Soldier B, the British soldier who shot Daniel.

Speaking to Derry Now in July 2022, Margaret Brady recalled the soldier who shot Daniel had left him lying in the street.

She said: “He stepped over him. He was taken back to Limavady to barracks. He got a sleeping bag and he went in and slept for a couple of hours.

“This is a man that murdered a child and he is able to go and grab a sleeping bag and go to sleep for a couple of hours. What kind of human being is he that he could go and do that and my brother lying dead? 

“He never even assisted Daniel, to see if he was dead or if he needed medical help. He just left him lying dead."