READ: Daniel Hegarty Soldier B prosecution decision in full

Daniel Hegarty's family, from left: Daniel's sisters Margaret Brady and Kathleen Devenney and brother-in-law Hugh Brady

placeholder image — Daniel Hegarty's family, from left: Daniel's sisters Margaret Brady and Kathleen Devenney and brother-in-law Hugh Brady

'The decision discontinuing the prosecution cannot stand' - Lord Justice Treacy

"The net effect of what we have said in our judgement is that for the reasons given above the decision discontinuing the prosecution cannot stand."

This is the final powerful sentence in the judgement delivered on Monday morning (June 29) by Lord Justice Treacy in the Court of Appeal in Belfast.

Read the full Judgement HERE.

Lord Justice Treacy was referring to an application for a Judicial Review by Margaret Brady, the sister of Daniel Hegarty (15), one of two Derry people murdered during Operation Motorman, on July 31, 1972.

Margaret's Judicial Review was in relation to the decision by the Director of Public Prosecutions, on July 2, 2021, and reaffirmed on October 10, 2022, to discontinue the prosecution of Soldier B for Daniel's murder.

BREAKING: Soldier B prosecution for Daniel Hegarty murder can go ahead

Following Monday's judgement the Public Prosecution Service (PPS) has 28 days to consider its position.

In a statement to Derry Now, solicitor Desmond Doherty, who represents the Hegarty family said : "Daniel’s family have welcomed the Court of Appeal’s decision and expect the criminal process to continue in Derry."