BREAKING: Daniel Hegarty Soldier B case judicial review granted
Case of murdered schoolboy to be heard in January
The family of the late Daniel Hegarty (15) has welcomed the decision to grant a Judicial Review of their brother's case.
The Judicial Review will take place on January 12, 2023.
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 following Tuesday's decision, Mr Doherty said: "The Hegarty family welcomes the decision of the Divisional Court this morning to grant their application for Leave for Judicial Review of the decision of the Director of the Public Prosecution Service on July 2, not to prosecute Soldier B for the murder of Daniel in 1972.
"We look forward to the full hearing in early January next year.
"This development is positive and welcome news during the 50 year anniversary of Operation Motorman," said Mr Doherty.
Speaking to Derry Now in July, Margaret Brady recalled the soldier who shot Daniel had left him lying in the street.
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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."