Daniel McGowan family to receive £275k payout following High Court ruling
McGowan was shot in the leg close to the Rossville Flats area on Bloody Sunday
The family of a man shot and wounded on Bloody Sunday are to receive £275,000 in damages, a High Court judge ruled on Thursday.
Compensation was awarded for the events in Derry which left Daniel McGowan with life-changing injuries and unable to work again.
The father-of-nine, who died in 2004 at age of 69, was said to have suffered psychological trauma similar to Vietnam War veterans.
Mr Justice Rooney held that part of the pay-out is to cover the wrongful actions of British paratroopers who opened fire in the city on January 30, 1972.
“The deceased was exposed to humiliation and degradation and the soldiers behaved in a malicious and oppressive manner,” he said.
Thirteen unarmed people were killed and several others injured when members of the Parachute Regiment shot at civil rights demonstrators.
In 2010 the Saville Inquiry into the shootings established the innocence of all victims of what became known as Bloody Sunday.
The British Prime Minister at the time, David Cameron, issued a public apology for the soldiers' actions and described the killings as ‘unjustified and unjustifiable’.
Millions of pounds have already been paid out in a series of legal actions taken against the Ministry of Defence by those bereaved or injured.
With liability accepted in all cases, proceedings brought by Mr. McGowan’s estate centred on a dispute over the scale of compensation.
Aged 37 on Bloody Sunday, he attended the civil rights march while his wife was pregnant with their ninth child.
Mr. McGowan was shot in the leg close to the Rossville Flats area, the court heard, with the inquiry finding it ‘highly probable’ that Soldier F was the paratrooper responsible.
He lay wounded for around an hour before being taken to hospital for repeated surgeries.
Due to the injuries he was unable to return to his job as a maintenance operator at DuPont.
He later began drinking heavily and suffered from anxiety, neurosis and depression.
With Mr McGowan believed to have witnessed others being shot and killed, a psychiatrist likened the consequences to the concept of post-traumatic stress disorder developed by US troops returning from Vietnam.
Lawyers argued the pay-out should reflect his wrongful vilification and the loss of earnings when his life fell apart after Bloody Sunday.
The court was told Mr. McGowan’s death meant he never got to experience the vindication of the Saville findings.
“His sense of grievance was essentially life-long,” barrister Karen Quinlivan KC contended.
Mr. Justice Rooney highlighted the victim’s ‘impeccable good character and work ethic’.
He was never involved in any criminal or paramilitary activity and had no political affiliations.
The judge also highlighted how Mr. McGowan was unable to play football or take part in other activities after Bloody Sunday.
“In summary, the deceased suffered a life-changing injury to his right lower leg,” he stated.
Awarding compensation for the physical and psychological consequences, loss of earnings and aggravated damages, Mr Justice Rooney confirmed: “The total award will be £275,000 plus interest.”
Family solicitor, Fearghal Shiels of Madden & Finucane, said: “Danny McGowan was a loving husband, father and keen and proud breadwinner for his large but young family.
“The impact of his unlawful shooting, which the Bloody Sunday Inquiry found was most likely caused by Soldier F, had profound and everlasting implications for all of his family.”