Army Veterans Facing murder charges over Bloody Sunday within two weeks

If this guy is to be charged with murder, and we accept the definition of murder to be
"Murder is defined, at common law rather than by statute, as the unlawful killing of a reasonable person in being under the King or Queen's peace with malice aforethought express or implied."
Then unless "malice aforethought" can be proven, it's case dismissed surely?
Possibly, but unlikely when you've shot an already wounded and clearly unarmed man, crawling away from you, from behind in the arse, and in front of numerous witness's, and then:
"as he lay crying in agony, a 41-year-old man called Barney McGuigan stepped out from behind a block of flats to try to get help for the dying man. McGuigan was waving a white handkerchief. According to the testimony of numerous witnesses, including an officer from another regiment stationed on the city walls, soldier F — positioned on the other side of the road — got down on one knee and shot McGuigan through the head. ".

I've a feeling his defence counsel won't be quibbling about the wording of the offence of murder, and as far as I can see he'll struggle to prove a lack of "malice aforethought" too.
 
Part of Soldier Fs evidence, the inquiry solicitor is putting a fellow paras evidence to him.

This is a portion of 027's evidence that he has given to this Tribunal. In paragraph 58 he has told the Tribunal, this:

"I cannot remember precisely all that was said at that briefing, but I do remember the remarks revolving around the possibility of getting kills the following day. I cannot now remember whether these events were first voiced by the lieutenant, but I do remember the comment being repeated by the soldier sitting next to me to my left. I have a clear memory of him nodding his head in acknowledgment and repeating what was said, as if he had made his mind up. Because he was the first individual I noticed from our platoon who fired a shot on the day, the memory of his reaction during the discussion the previous evening stayed in my memory. That individual, from my personal point of view, was more than any other individual responsible for instigating and perpetrating what occurred on Bloody Sunday."

027 told this Tribunal that that individual was you.


If you wanted to make an example of someone...
 

Caecilius

LE
Kit Reviewer
Book Reviewer
Possibly, but unlikely when you've shot an already wounded and clearly unarmed man, crawling away from you, from behind in the arse, and in front of numerous witness's
Quite. The standard for malice aforethought is much lower than people on this thread appear to think. It doesn't mean the prosecution have to prove he got out of bed intending to kill someone, just that when he fired the shots he was in a state of mind that could comprehend the likely result of firing.

The Tony Martin case is a good example of how little is required to prove malice aforethought.
 

skid2

LE
Book Reviewer
Part of Soldier Fs evidence, the inquiry solicitor is putting a fellow paras evidence to him.

This is a portion of 027's evidence that he has given to this Tribunal. In paragraph 58 he has told the Tribunal, this:

"I cannot remember precisely all that was said at that briefing, but I do remember the remarks revolving around the possibility of getting kills the following day. I cannot now remember whether these events were first voiced by the lieutenant, but I do remember the comment being repeated by the soldier sitting next to me to my left. I have a clear memory of him nodding his head in acknowledgment and repeating what was said, as if he had made his mind up. Because he was the first individual I noticed from our platoon who fired a shot on the day, the memory of his reaction during the discussion the previous evening stayed in my memory. That individual, from my personal point of view, was more than any other individual responsible for instigating and perpetrating what occurred on Bloody Sunday."

027 told this Tribunal that that individual was you.

If you wanted to make an example of someone...
Have a look at Soldier H, another para found to have not enough evidence to ensure a conviction. It just goes to show how seriously the PPS have taken this.
 
If this guy is to be charged with murder, and we accept the definition of murder to be
"Murder is defined, at common law rather than by statute, as the unlawful killing of a reasonable person in being under the King or Queen's peace with malice aforethought express or implied."
Then unless "malice aforethought" can be proven, it's case dismissed surely?
Malice aforethought in legal terms means “with intent”. I doubt any reasonable person would think that when firing 7.62mm at a person the firers intent is to tickle.

The important piece (I believe) is “lawful”. If the jury believes that Soldier F truly believed that those he killed were a threat to his, or another’s life, at the time, then his actions are not unlawful. Even if those killed posed no threat whatsoever.
 
No one in their right mind would join the forces now. Obey orders today, prosecution years later. Insane and disgusting.
Jailing Marine A for shooting dead the wounded Terry Taliban chap didn't seem to affect recruitment so why should something that happened in 1972?

You seem to be suggesting that people joining the armed forces today do so in the belief that they can do and get away with anything, legal or not, which is quite a slur IMHO.

It might put off someone who thinks they might just be able to shoot people for kicks though, perhaps, I understand that a lad who gives his reason for wanting to join the army as 'cos I wanna kill people' probably won't get very far in the application process.

The % of soldiers who have been accused of or tried for murder/manslaughter is miniscule, so that would suggest the vast majority can abide by the rules of engagement.
 
Would the Defence make much of training and state of mind to indicate the Soldier Concerned having an Honest Held belief he was under Fire of rounds and Blast Bombs.

Doubt there was any Judgmental shooting training in 1972 we are judging by 2019 standards .
 
My Facebook feed is full of the para badge with the words "I stand with soldier F".
 
Some ermm 'person' on BBC 5 live, on my way to work was saying he hopes soldier F gets done for prejury as well so he can be named.... The accent was like my old man's, Londonderry?
 

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