Ex-soldier to be prosecuted over Troubles death
A former soldier accused of the attempted murder of John Pat Cunningham in 1974 is to be prosecuted, a judge has heard.
Mr Cunningham died after members of an Army patrol opened fire in Benburb on 15 June 1974.
The 27-year-old Catholic, who had a mental age of between six and 10, was struck three times as he ran from the soldiers.
The case against 74-year-old Dennis Hutchings, from New Road, Cawsand, Torpoint in Cornwall will proceed, Armagh magistrates’ Court heard on Tuesday.
Hutchings did not attend and his defence solicitor made no comment.
A public prosecutor told District Judge Paul Copeland: “It will proceed as a prosecution.”
A preliminary inquiry had been scheduled for 15 December but that date is no longer suitable, according to the Public Prosecution Service (PPS).
The prosecutor added: “There is a target date and I am very mindful of that. That date cannot be met, however significant progress has been made.”
The case is to be mentioned again next month.
Judge Copeland said: “It is by consent that a new timetable be structured. The accused is excused.”
Hutchings was originally charged by detectives in April – a holding charge that was subject to review by the PPS.
In a statement the PPS said it had completed an examination of the file of evidence.
PPS assistant director Michael Agnew said: “The PPS has carried out a careful examination of all of the available evidence and information in this case.
“We have concluded that there is a reasonable prospect of conviction and that the test for prosecution is met.”
A new investigation into Mr Cunningham’s death was launched in 2013 after PPS director Barra McGrory QC requested a fresh review of the circumstances surrounding the shooting.
