'Legacy Bill designed to protect British soldiers'

“There is a murder investigation ongoing into the death of a child, Annette McGavigan (14). It is being investigated by the PSNI, and the Legacy Bill effectively means it will now stop.”

That was the succinct synopsis offered by Sara Duddy, advocacy support worker with the Pat Finucane Centre, as the McGavigan family initiated a judicial review in the High Court challenging the British Government’s Legacy Bill.

Sara has been working with the McGavigan family for well over a decade and they have been with the Pat Finucane Centre for 20 years.

Speaking to Derry Now, Sara said: “Annette’s case is currently being investigated as a murder investigation by the Legacy Investigation Branch (LIB) of the PSNI and they interviewed a British soldier, under caution, in relation to Annette’s death, earlier this year.

“Over the past two or three years, we have been identifying witnesses and supporting them as they came forward and to provide witness statements to the PSNI.

“A lot of witnesses have never given evidence but, on the back of Annette’s 50th anniversary, the family came out publicly and said, ‘There is an investigation, if you have any information, please come forward’. We actually saw a lot of people reaching out for the first time.

“On the back of that, the murder investigation is quite advanced. We met with the LIB earlier this year and they confirmed they are treating it as a murder, which was something which was new.

“Annette’s family have launched High Court proceedings against the Legacy Bill because, as it stands, if this Bill, which is now law, is not challenged, prosecutions into legacy cases such as Annette’s murder of Annette will not happen.

“Now, the soldier has not been charged yet but if there was a chance of a prosecution in relation to this death, that would just not happen and that is exactly  what this Bill is designed to do. It is designed to protect  British soldiers.”

Pointing out the possible ramifications of the Legacy Bill for families, Sara added: “If you think about it, there is a murder investigation ongoing into the death of a child by the PSNI and this Legacy Bill now effectively means that will stop.

“The soldier will  never be prosecuted. The McGavigan family will never see justice. That is why they have initiated this challenge in the court.

Annette McGavigan's brother, Martin, and sister, May, vow to fight for truth.

“Obviously it is day one of the court process. It can be frustrating and take a long time and there is no guarantee it will be successful.

“We were at a review this week. The court is basically trying to decide how to deal with the massive amount of applications challenging the bill and how to streamline the process so  they can get through the courts and be adjudicated on efficiently.

“There is a lot of work to be done but we are really pleased that, at least, families like the McGavigan's have taken that step forward.”