‘We got the apologies and we got the settlement but we have yet to get justice’ - Billy McGreanery Jr

The nephew of a Derry man shot dead by a British soldier has described his family’s situation as “bittersweet”. 

Billy McGreanery Jr was speaking to The Derry News following his family’s agreement  of a “significant” financial settlement with the British Ministry of Defence in respect of the death of his uncle, Billy McGreanery Sr.

Mr McGreanery was killed by a member of the 1st Batallion Grenadier Guards, ciphered Soldier A, at the junction of Eastway, Lonemoor Road and Westland Street, on September 14, 1971.

Billy McGreanery Jr said he would rather have been in court on Thursday “for a prosecution not a settlement”.

“However, it is another wee bit done,” he added, “and it is also an endorsement and reinforcement of the apologies that came before.”

Billy McGreanery who was shot dead by a British soldier on September 14, 1971.

In 2013, then British Minister for the Armed Forces, Andrew Robathan, apologised to the McGreanery family for the death of their uncle, on behalf of the Ministry of Defence.

“But, there is a big gap in the process,” added Billy McGreanery Jr. “We got the apologies and we got the settlement but we have yet to get justice.

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“We are still hopeful about that too because the PPS is reviewing the case at the moment in terms of the possibility of taking a prosecution against the soldier who shot my Uncle Billy and we won’t give up hope until that process is completed,” he added.

“Even at that, we won’t give up hope because there is still the possibility of an  inquest for my uncle, that is still on the books and may come into play.

“We were granted an inquest but because of The Legacy Act they were all put on hold. The Secretary of State, at the minute, is reinstating the inquests that had been ongoing. However, there are another 20 or so cases that are floating. He hasn’t agreed to move forward on those yet,” said Billy McGreanery Jr.

The McGreanery family does not currently know the identity of Soldier A. 

“He was labelled through a cipher file and that cipher file mysteriously went missing between 2010 and  2012,” said Mr McGreanery Jr.

“The Historical Enquiries Team (HET) used the cipher file originally to identify the soldier. That investigation finished in 2010. At that point it was supposed to be returned to the Ministry of Defence but somewhere along the way the cipher file was lost or destroyed,” he added.

“That added to a catelogue of material that was either not available or was destroyed. A lot of stuff that should have been available, including the gun records, was not.

“I am hoping we will be able to identify Soldier A from his personnel file. He was interviewed by the Special Investigations Branch several days after the shooting. So, I am hoping it is written in his personnel file that he killed a suspected gunman on September 14/14, 1971. 

“There was only one victim that night - my uncle - and it wouldn’t take a rocket scientist to work out who killed him.”

Mr McGreanery Jr said the family’s “pain and the heartache” does not go away. 

“The settlement would have been the cherry on the cake if we had had everything else,” he said. “It was never our target. The target was the prosecution and that is still up in the air.

“Having said that, we are quite proud we have achieved so much. 

“I also want to thank the members of KWL, Gary Duffy, our solicitor, and Kevin Winters himself who took a very keen interest in my uncle’s case. Only for them we would not be having this conversation today. Sara [Duddy] and the Pat Finucane Centre need congratulations too.”

Sara Duddy, advocacy support worker with the Pat Finucane Centre, said the McGreanery was “hopeful” about a prosecution. 

She added: “Failing that, if a prosecution does not go ahead, an inquest. 

“However, we do have concerns around the commitment from Hilary Benn [British Secretary of State]  to reinstate all inquests, including those which were latterly granted before the implementation of the Legacy Act. 

“We have a message for him. The ICRIR [Independent Commission for Reconciliation and Information Recovery] Is not a substitute for an inquest. An  inquest means an inquest and this family and other families will not engage with it.

“They have made their feelings very clear they are not going to engage. They are not going to accept anything less than an inquest or a proper human rights complient investigation. 

“Victims and survivors have already said that they have said ICRIR must go,” said Ms Duddy, who added the day was “so important” for the McGreanery family in terms of what it has achieved.

She added: “It is also so important for all victims and survivors.  I sent a message out to our families letting them know today was happening and there has been such an outpouring of support, well wishes and congratulations.

“It is not about the settlement. It is about the further acknowledgement. One  step forward for one family is seen as one step forward for all families. 

“We have been inundated with messages from families, from all different backgrounds who have been bereaved and in all different circumstances. They are  united in their support and it is so uplifting.”