Fresh evidence emerges that could finally end the hounding of this veteran, 79
Witness to a scandalous injustice? Fresh evidence emerges that could finally end the hounding of this veteran, 79… who is due to stand trial for Troubles death 46 years ago (while IRA killers go unpunished)
- Dennis Hutchings is due to stand trial in February despite being cleared twice
- He is accused of attempted murder over death of unarmed man in 1974 incident
- New witness will testify at trial he saw Mr Hutchings aim all three shots into air
An army veteran aged 79 charged over the shooting of a man in Northern Ireland 46 years ago could be cleared by new evidence.
Dennis Hutchings is due to stand trial in February despite previously being cleared twice over the 1974 incident.
The great-grandfather, who has heart problems and needs kidney dialysis twice a week, is accused of attempted murder over the death of unarmed 27-year-old John Pat Cunningham in County Tyrone.
But the Daily Mail can reveal a new witness will testify at the trial that he saw Mr Hutchings aim all three of his shots into the air as warnings to Mr Cunningham.
Dennis Hutchings is due to stand trial in February despite previously being cleared twice over the 1974 incident (Hutchings pictured in 1978)
The veteran’s solicitor Philip Barden argues the fresh testimony undermines the police investigation because officers should have located such a key witness.
He insists the case should be thrown out.
Mr Hutchings has always maintained that he only fired warning ‘air shots.’
A soldier in a nearby patrol who witnessed the incident through the magnifying sight on his rifle has come forward to back the account.
He will state at the trial that Mr Hutchings ‘fired three air shots’ as his rifle was ‘pointed to the sky’, meaning ‘it was impossible he shot Mr Cunningham’.
Mr Hutchings faces up to two years in jail if convicted.
MPs and service personnel are furious over the prosecution of Northern Ireland veterans for historical alleged crimes.
Mr Hutchings, who spent 26 years in the Army, is one of six former soldiers who served in Ulster in the 1970s and 1980s charged following ‘legacy’ investigations.
The great-grandfather (pictured) is accused of attempted murder over the death of unarmed 27-year-old John Pat Cunningham in County Tyrone
He is due to become a great-great-grandfather for the first time before he steps into the dock.
In contrast, the Government told almost 200 wanted IRA terrorists nearly 20 years ago they would not be prosecuted.
Meanwhile, the Overseas Operations Bill making its way through Parliament will curb prosecutions against troops and veterans from Iraq and Afghanistan – but offers no such protection to those who served in the Troubles.
Mr Hutchings, from Cornwall, is furious that Boris Johnson and Veterans Minister Johnny Mercer have failed to block prosecutions despite repeated pledges to do so.
He told the Mail: ‘I am absolutely disgusted with Boris Johnson and Mercer – and so is every other veteran.
‘They should be doing for Northern Ireland veterans what they are doing with the other Bill. The veterans are not asking for a change in the law. We are asking them to include us within the law.’
Two elderly ex-soldiers – known as A and C – face a murder trial in April over the 1972 death of IRA commander Joe McCann, who at the time was suspected of being involved in the killing of a soldier.
One veteran has been charged with the murder of a 15-year-old boy in Londonderry and another, known as Soldier F, is accused of killing two men and attempting to kill four others in Londonderry on Bloody Sunday in 1972.
A sixth defendant, former soldier David Holden, is charged with manslaughter over a shooting at an Army checkpoint in 1988.
There are fears more veterans could face charges.
Tory MP Jack Lopresti, who has raised Mr Hutchings’ case in the Commons, said: ‘It is nothing short of a national disgrace that John Downey, the IRA terrorist responsible for the Hyde Park bombing in 1982, which killed 11 soldiers, received a ‘letter of comfort’ from the Government and his trial collapsed.
‘We mustn’t let this politically motivated witch-hunt continue, which hounds and ruins the lives of former servicemen who have served our country bravely in Northern Ireland and who should be enjoying a well-deserved retirement.’
John Ross, a former paratrooper in Ulster added: ‘The prosecutions are disgusting. It was a very dangerous situation during the Troubles. It was worse than a war zone in many ways.
‘I was in the Falklands and at least you knew who the enemy was. In Northern Ireland you went out on patrol and you were on edge. There were people hell-bent on killing you.’
Unlike some of the other veterans, Mr Hutchings has been publicly identified since his first appearance at Omagh Magistrates’ Court five years ago.
His trial in Belfast will be before a judge sitting alone.
The former coal miner, who was in the Life Guards, was first cleared in 1974 following a five-month investigation and again in 2013.
But the case was examined once more by a ‘legacy’ team with the Police Service of Northern Ireland after the Government apologised for Mr Cunningham’s death and Mr Hutchings was arrested at home in 2015.
Mr Cunningham’s nephew, Charlie Agnew, has previously said: ‘If Hutchings is adamant of his innocence he should attend for trial and clear his name.’
A Government spokesman said it ‘remains determined to deal with the past in Northern Ireland by bringing forward legislation which focuses on reconciliation, delivers for victims and ends the cycle of investigations that has failed victims and veterans alike’.
