Hearsay evidence can be used in Soldier F trial, judge rules

The statements of five soldiers that the prosecution are relying on as hearsay evidence in the case against Soldier F the only soldier charged in connection with the Bloody Sunday killings have been admitted as evidence.

Soldier F is charged with the murder of Jim Wray and William McKinney on January 30, 1972 and five attempted murders. 

As part of a preliminary inquiry the prosecution had applied that the statements of six soldiers be admitted as hearsay in the case against Soldier F.

The statements being sought to be admitted were Soldiers H, J and 119, who are all still alive, and Soldier E, G and a David Longstaff who are deceased.

District Judge Ted Magill said that there were rules for deciding when to admit hearsay including how reliable the statement maker was and the importance of the evidence.

Judge Magill said that thus was a committal proceedings where the function was to assess if there was sufficient evidence to send the accused for trial.

He said that his court had to be 'careful not to usurp the functions of the trial judge.'

The prosecution had asked that a statement of Soldier 119 be admitted as regards where Soldier F was on the day but not on what he did. 

The judge said the 'two things were so interlinked that I see no way to split them' so he said he was not prepared to admit that statement in evidence.

As regards the other military statements he said it was accepted that the taking of statements by the Royal Military Police 'was clearly oppressive'.

He then asked 'Did the soldiers lie? All parties agree that they did. But the lies are about why they fire, not that they fired.'

He said 'evidence of the shootings is obviously true' as there were 'bodies on the ground'.

The judge said that the defence had argued the other soldiers may have lied to shift blame from themselves onto F but he said he did not find that persuasive. 

He said the soldiers lied to protect themselves and to justify the shootings so he said 'what they say is truthful as to where they were and what they did'. 

Judge Magill rules 'It therefore becomes obvious what is truth and what is lies.'

He said evidence can be 'part truth and in part lies, in part reliable and in part unreliable.' 

Admitting the statements of Soldiers G, H, J, E and David Longstaff Judge Magill said 'I am satisfied that the trial process is fully capable of dealing with these, as well as all the other evidence, in a fair, just and reliable fashion.' 

Soldier F's barrister requested an adjournment to allow him time to consult with his client. 

The case was adjourned until September 14 when it is likely a decision will be made on whether Soldier F is sent for trial.