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Bloody Sunday paras win court battle against detention and transfer to Northern Ireland

Published 17/12/2015

Hugh Gilmore (third left) seen clutching his stomach as he is shot during Bloody Sunday.
Hugh Gilmore (third left) seen clutching his stomach as he is shot during Bloody Sunday.
A young Fr Edward Daly (now Bishop Daly) carries a blood-soaked hankie as he leads a group of men trying desperately to carry John 'Jackie' Duddy to safety. Duddy (17) was the first fatality of Bloody Sunday after being shot from behind by paratroopers
Paddy Doherty, who was killed on Bloody Sunday.
A scene showing a British paratrooper near Glenfada Park in Derry where Bloody Sunday took place.
30th January 1972: An armed soldier and a protestor on Bloody Sunday when British Paratroopers shot dead 13 civilians on a civil rights march.
William McKinney, killed on Bloody Sunday.
Lt Col Derek Wilford, the former commander of the members of the Parachute Regiment involved in the Bloody Sunday shootings
A protest parade in was staged in Londonderry in January to mark the 40th anniversary of Bloody Sunday
Hugh Gilmore who was killed on Bloody Sunday.
St Mary's Church, on the Creggan Estate, during the Requiem Mass for the 13 who died on 'Bloody Sunday' in Londonderry.
Michael McDaid who was killed on Bloody Sunday.
:Bloody Sunday.
Soldiers taking cover behind their sandbagged armoured cars during Bloody Sunday
Lord Chief Justice, Lord Widgery in his room at the Old Bailey as he looks through his report on the "Bloody Sunday" shootings
Jim Wray who was killed on Bloody Sunday.
John Young who was killed on Bloody Sunday.
William McKinney who was killed on Bloody Sunday.
Kevin McElhinney who was killed on Bloody Sunday.
Gerard McKinney who was killed on Bloody Sunday.
Gerald Donaghey who was killed on Bloody Sunday.
Alana Burke who was eighteen when she was run over by an armoured personnel carrier on Bloody Sunday.
Bloody Sunday. January 1972
Patrick Doherty who was killed on Bloody Sunday.
Bloody Sunday. Funeral. Mrs Ita McKinney, 9 months pregnant cries behind the hearse carrying her husband James from St Mary's, Creggan. 2/2/1972.
Michael Kelly who was killed on Bloody Sunday.
Scenes from 'Bloody Sunday' in Londonderry, Northern Ireland
A man receiving attention during the shooting incident in Londonderry, which became known as Bloody Sunday
Bloody Sunday. 30/1/1972
Bloody Sunday. 30/1/1972
JAMES WRAY IN HIS HOME IN THE BOGSIDE DERRY HOLDING THE COAT WITH BULLIET HOLES IN THAT HIS SON ALSO CALLED JAMES WRAY WAS KILLED ON BLOODY SUNDAY
Bloody Sunday. 30/1/1972
The start of a grim day in Derry. Civil Rights marchers make their way through Creggan. They defied a Government ban and headed for Guildhall Square, but were stopped by the Army in William Street. 31/1/1972
Bloody Sunday 1972
Linda Nash carries flowers with the number 14 inscribed during yesterdays annual Bloody Sunday Parade in Derry. Picture Martin McKeown. Inpresspics.com. 29.1.12
A memorial to those killed on Bloody Sunday in the Bogside area of Derry
The memorial to the 14 people who died on Bloody Sunday in Derry rises from among the sea of umbrellas as all the families came together in an ecumenical service. This year marks the 40th anniversary of the Civil Rights mark.The service included contributions from Father Michael Canny and Reverend David Latimer, left. Picture Martin McKeown. Inpresspics.com. 29.1.12

Former paratroopers who face questioning over the Bloody Sunday killings have won their High Court battle against being detained and transferred to Northern Ireland for interview by police.

Lord Chief Justice Lord Thomas described the case at a recent hearing as "a matter of great public interest".

The ex-soldiers, who cannot be named, applied for a judicial review against the Chief Constable of the Police Service of Northern Ireland (PSNI), who wants them taken back to Northern Ireland for an investigation into whether criminal offences may have been committed by soldiers who used lethal force on Bloody Sunday in 1972.

The High Court in London granted the seven men an order prohibiting the PSNI from arresting them on their undertaking "that they will attend for an interview under caution... to be carried out by the PSNI at a police station in England and Wales, or other acceptable location".

Lord Thomas, Mr Justice Openshaw and Mrs Justice Carr announced on that they had "unhesitatingly concluded" that the reasons advanced for the arrest and transfer of the men - referred to as B, N, O, Q, R, U and V - "did not provide reasonable grounds" for the decision.

The judges said each of the men had co-operated with all previous proceedings and investigations at the time and in the immediate aftermath of Bloody Sunday, including Lord Widgery's inquiry in 1971 and the later Saville inquiry.

Documentation necessary for the new investigations was held in electronic format and could be put to the men at interview in England and Wales.

The PSNI practice of putting to witnesses original relevant documents was "outmoded and cannot form any justification for an arrest".

The judges said: "The present position of the claimants is that each will exercise their right to silence in the interviews.

"It is, in our view, almost impossible to foresee that any will depart from that position.

30th January 1972: An armed soldier and a protestor on Bloody Sunday when British Paratroopers shot dead 13 civilians on a civil rights march.
30th January 1972: An armed soldier and a protestor on Bloody Sunday when British Paratroopers shot dead 13 civilians on a civil rights march.
John Young who was killed on Bloody Sunday.
William McKinney who was killed on Bloody Sunday.
Kevin McElhinney who was killed on Bloody Sunday.
Gerard McKinney who was killed on Bloody Sunday.
Gerald Donaghey who was killed on Bloody Sunday.
Alana Burke who was eighteen when she was run over by an armoured personnel carrier on Bloody Sunday.
Bloody Sunday. January 1972
Patrick Doherty who was killed on Bloody Sunday.
Hugh Gilmore (third left) seen clutching his stomach as he is shot during Bloody Sunday.
A young Fr Edward Daly (now Bishop Daly) carries a blood-soaked hankie as he leads a group of men trying desperately to carry John 'Jackie' Duddy to safety. Duddy (17) was the first fatality of Bloody Sunday after being shot from behind by paratroopers
Paddy Doherty, who was killed on Bloody Sunday.
A scene showing a British paratrooper near Glenfada Park in Derry where Bloody Sunday took place.
William McKinney, killed on Bloody Sunday.
Lt Col Derek Wilford, the former commander of the members of the Parachute Regiment involved in the Bloody Sunday shootings
A protest parade in was staged in Londonderry in January to mark the 40th anniversary of Bloody Sunday
Hugh Gilmore who was killed on Bloody Sunday.
St Mary's Church, on the Creggan Estate, during the Requiem Mass for the 13 who died on 'Bloody Sunday' in Londonderry.
Michael McDaid who was killed on Bloody Sunday.
Bloody Sunday: Up to 20 soldiers still face being formally questioned by police for alleged murder, attempted murder or criminal injury during the notorious incident
Soldiers taking cover behind their sandbagged armoured cars during Bloody Sunday
Lord Chief Justice, Lord Widgery in his room at the Old Bailey as he looks through his report on the "Bloody Sunday" shootings
Jim Wray who was killed on Bloody Sunday.
Bloody Sunday. Funeral. Mrs Ita McKinney, 9 months pregnant cries behind the hearse carrying her husband James from St Mary's, Creggan. 2/2/1972.
Michael Kelly who was killed on Bloody Sunday.
Scenes from 'Bloody Sunday' in Londonderry, Northern Ireland
A man receiving attention during the shooting incident in Londonderry, which became known as Bloody Sunday
Bloody Sunday. 30/1/1972
Bloody Sunday. 30/1/1972
JAMES WRAY IN HIS HOME IN THE BOGSIDE DERRY HOLDING THE COAT WITH BULLIET HOLES IN THAT HIS SON ALSO CALLED JAMES WRAY WAS KILLED ON BLOODY SUNDAY
Bloody Sunday. 30/1/1972
The start of a grim day in Derry. Civil Rights marchers make their way through Creggan. They defied a Government ban and headed for Guildhall Square, but were stopped by the Army in William Street. 31/1/1972
Bloody Sunday 1972
Linda Nash carries flowers with the number 14 inscribed during yesterdays annual Bloody Sunday Parade in Derry. Picture Martin McKeown. Inpresspics.com. 29.1.12
A memorial to those killed on Bloody Sunday in the Bogside area of Derry
The memorial to the 14 people who died on Bloody Sunday in Derry rises from among the sea of umbrellas as all the families came together in an ecumenical service. This year marks the 40th anniversary of the Civil Rights mark.The service included contributions from Father Michael Canny and Reverend David Latimer, left. Picture Martin McKeown. Inpresspics.com. 29.1.12

"The interviews are therefore likely to be short and straightforward."

The men had made clear they would undertake to the court to attend interviews - "an obligation which will be enforced by this court".

The judges said the possibility of post-interview bail conditions being imposed did not justify the need for an arrest now.

They unanimously ruled: "If interviewed in Northern Ireland they would not be able to return to their homes during the interview period, but would have to be detained for their own safety in conditions of close custody.

"Even if so detained, there would remain a risk to their safety."

The legal action follows the arrest of a former colleague of the men in Northern Ireland - the first ex-soldier detained.

The arrest of the 66-year-old, who was held in Co Antrim and later released on police bail, was welcomed by relatives of those killed.

A petition calling for soldiers involved in Bloody Sunday to be granted immunity from prosecution has gained tens of thousands of supporters.

Thirteen people were killed by members of the Parachute Regiment on the day of the incident in Derry's Bogside.

Another victim of the shootings died in hospital four months later.

Northern Ireland police launched the murder investigation in 2012.

It was initiated after a Government-commissioned inquiry, undertaken by Lord Saville, found none of the victims was posing a threat to soldiers when they were shot.

Following the publication of the Saville report in 2010, Prime Minister David Cameron apologised for the Army's actions, branding them "unjustified and unjustifiable".

In September, the PSNI told bereaved families they intended to interview a number of former soldiers about their involvement on the day.

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