Showing posts with label Eamon Sweeney. Show all posts
Showing posts with label Eamon Sweeney. Show all posts
Eamon Sweeney writing in Derry News reports that:


Bid To Quash Bradley Inquest Findings is “quite extraordinary” says family’s lawyer

A move by the Ministry of Defence (MoD) to quash Inquest findings into the killing of a 19-year-old IRA member shot dead by the British Army during Operation Motorman in Derry in 1972, has been described as “unprecedented” and “politically motivated” by a lawyer representing the family.

And, a SDLP MLA has said that if an apology for the killing had not recently been sought, it is doubtful whether the MoD have would have sought a reversal of the court’s findings in the case.

In August this year the Coroner’s Court determined that the shooting of Seamus Bradley in Creggan 47 years ago was ‘unjustified’, supposedly bringing a decades long campaign to clear his name to a conclusion.

IRA member Seamus Bradley, shot by a British soldier
during Operation Motorman in Derry on July 31, 1972.

However, in recent days the MoD has lodged a request for a judicial review of the inquest findings in a bid to quash the conclusions in the case presided over by Judge Patrick Kinney. The ministry is also seeking to force another Inquest into the case. If the application proves successful, it will be the third inquest into the killing since the original one held in 1973.

The shooting of Seamus Bradley at Bishop’s Field on July 31, 1972 came amidst the largest deployment of British land forces since the Suez Crisis of the 1950’s. Over 25,000 soldiers were used to clear the so-called ‘no go’ areas in Derry and Belfast from open control by both factions of the IRA.

As a result of their incursion into Creggan in the early hours of the morning, Mr Bradley and 15-year-old Daniel Hegarty were shot dead.

In April this year the Public Prosecution Service announced that a man known only as Soldier B is to be charged with the teenager’s murder after the High Court overturned a previous decision not to prosecute. The ex-serviceman is also to be charged with wounding Daniel Hegarty’s cousin Christopher who survived being shot in the head at close range by the same man.

The circumstances in which Seamus Bradley’s life was taken was hotly disputed for decades.
The British Army contended that the Provisional IRA man had been perched in a tree and holding a sub-machine gun when he was shot at least four times by Soldier 1 of the Royal Scots Regiment between 5.15 and 6.15am on the morning in question.

Mr Bradley’s family however continually maintained that the victim had been removed from the scene, physically tortured and then denied medical assistance which contributed to his death.
The Coroner however rejected both these versions of the events and determined the victim had been shot by a soldier who got out of a Saracen, fell to one knee and shot Seamus Bradley several times The findings of Judge Patrick Kinney were aided by the testimony of Raymond Carton who gave the inquest an eyewitness account of the events.

In delivering his findings in August the judge concluded that Seamus Bradley was running across Bishop’s Field away from a British Army Saracen and did not have a weapon; he could not reasonably have been perceived as posing a threat of death or serious injury; the use of force by the soldier was entirely disproportionate to any threat that could have been perceived; the soldier who shot Seamus Bradley did not adhere to the terms of the Yellow Card rules of engagement and that the soldier was not justified in opening fire.

The British Army deployed over 25,000 soldiers in order to break the
nationalist 'no go' areas in Derry, Belfast and other areas of the North.

In another section of the Inquest findings, the Coroner also stated:


Seamus Bradley was collected by the same Saracen and taken to St Peter’s School which was a designated aid station. He died en route to that station. No first aid or medical assistance was provided to Seamus Bradley by the soldiers. If such aid had been provided then there was a reasonable prospect that Seamus Bradley may have survived the shooting. Seamus Bradley was not mistreated by military personnel in the Saracen in the form of physical assault, torture or shooting. However, he was denied even the most basic form of first aid treatment. Operation Motorman was not planned, controlled or regulated in order to minimise to the greatest extent possible, the risk of life, principally because of the lack of planning for casualties, both civilian and military … the investigation into Seamus Bradley’s death was flawed and inadequate.


The High Court received the MoD’s application for a Judicial Review of the Inquest findings on November 14. The 25 page document obtained by the Derry News states:

The Coroner’s verdict is irrational in that it necessarily involves the rejection of the credible, consistent and corroborated accounts from the military witnesses in favour of an uncorroborated account from Mr (Raymond) Carton, provided for the first time in 45 years … in accepting the Carton account the Coroner has, necessarily, rejected the entirety of the military evidence.

It was also determined that the soldier who fired the fatal rounds could not be identified.
In seeking a route to quash the Coroner’s findings the MoD also refer to Seamus Bradley’s membership of the IRA and the fact that his headstone and a memorial to him in Creggan state that he was “killed in action”, in an attempt to back up the British Army’s contention that he was armed.
The MoD is also contending that the Coroner made mistakes in evaluating the ballistic evidence presented by them and in also in relying upon evidence given by an independent ballistics expert and that the Court “erred in its evaluation of the photographic evidence and grid references in relation to the location of the tree, occupied by the gunman, and identified by the soldiers at the time. The court erred in failing to evaluate the photographic evidence that corroborated the military version of events.”

Seamus Quigley, lawyer for the Bradley family described the MoD’s application for a Judicial Review with a view to a bid to quash the Inquest findings as “quite extraordinary” and “unprecedented” in relation to the outcomes of Troubles legacy cases in Northern Ireland.

Speaking to the Derry News, Mr Quigley said:


I have the impression that the whole thing is being driven by the Army. I think the biggest difficulty they have here is that the Coroner recommended that a file on the case be passed to the Public Prosecution Service.


Referring to recent British Government pronouncements, including those by Prime Minister Boris Johnson, on potential legislative moves to block future prosecutions of British military personnel, Seamus Quigley said he feels the development in the Bradley case has seen the MoD enter the realms of politically motivated decision making.

Under recent proposals, the Conservative party says that if it’s returned to power, it would amend the Human Rights Act in the UK so it does not apply to issues – including Troubles related deaths – which took place before it was enacted in 2000.

Seamus Quigley added:


The mood music around this issue has been quite aggressive in terms of any former soldier being prosecuted for anything. I’m not particularly referring directly to this case, but I’ve noticed that the public relations around it appears to be election fuelled.


SDLP MLA Mark H Durkan has also been involved in backing the family of Seamus Bradley throughout the drive to get the 1972 state forces killing scrutinised via a fresh Inquest. Following the findings laid down by Judge Kinney in August, Mr Durkan wrote to the MoD at the request of the Bradley family seeking an apology from the British Army for the killings.

The MLA received a reply from the MoD on October 22. The letter signed by minister in the defence department, Johnny Mercer and seen by the Derry News states:

Thank you for your letter dated 25 September 2019 in which you ask the Government to consider an apology to the Bradley family following the findings of His Honour Judge Kinney. Your correspondence has been passed to me as the Minister for Defence People and Veterans. The findings are very detailed and my officials are currently considering them. I am not in a position to comment until this process has been completed.

However, Mark H Durkan believes the short timescale of just 50 days between the Bradley family seeking an apology, Mr Mercer’s response to it and the MoD lodging court proceedings is not merely coincidental .
Danny Bradley holding a picture of his brother Seamus.

Speaking to the Derry News, Mr Durkan said:

I have to wonder if an apology had not been asked for would the Ministry of Defence made this move? It is hard to fathom on what basis they are challenging the court’s decision. The findings of the Inquest were explicitly clear. In fact, when I wrote on the family’s behalf seeking an apology I struggled to leave out some of the judge’s conclusions because there were so many of them including that the killing was unjustified. All the family was seeking was an apology, which is the very least that they deserve. Given this move, I cannot help but conclude this decision was politically motivated. I will continue to back the family in their pursuit of truth and justice which everyone deserves regardless of what anyone was involved in.

In a very brief statement, Seamus Bradley’s brother Danny told the Derry News that the development had left him and his family “shocked and hurt.”

It is anticipated that a decision on whether the MoD will succeed in their application for a judicial review will take between six to eight weeks.

⏭ Eamon Sweeney is a Derry journalist who has paid particular attention to victims of state killings.

Bid To Quash Bradley Inquest Findings

Eamon Sweeney on the inquest into the British Army slaying of Seamus Bradley.




19-year-old Seamus Bradley who was killed 
by the British Army on July 31, 1972.

The Inquest findings into one of the most controversial killings of the Troubles in Derry will be made public next month, the Derry News can reveal.

Seamus Bradley was shot dead in highly disputed circumstances by the British Army during Operation Motorman in the early hours of July 31, 1972.

The Coroners Service for Northern Ireland has now confirmed that the findings of the Inquest will be announced by Judge Patrick Kinney on August 15 at Laganside Court in Belfast. The Inquest hearings took place over a twelve-day period last year.

The British Army have claimed for the last 47 years, that Mr Bradley a 19-year-old IRA member, was armed when they opened fire on him close to the Bishop’s Field area of Creggan. This claim has consistently denied by the Bradley family over the decades.

Danny Bradley, brother of the deceased man told the Derry News: “At the end of the day this is good news. It has taken 47 years and caused a lot of hurt for so long.

“I am hoping that the findings will come out the way that we want it and we will be travelling together as family to Belfast next month to hear the outcome.

“It destroyed our family, but I had to get the answer about what happened and I am certainly looking forward to that. After 47 years I will be glad to put it to bed because it has been a struggle.

Seamus Quigley, solicitor for the family told the Derry News: “We share the relief of the Bradley family that after 47 years the findings of the case are now finally in sight.”

In April this year the Public Prosecution Service (PPS) announced that it would proceed with charging a former British soldier with the murder of a teenage boy also killed on the morning of Operation Motorman.

15-year-old Daniel Hegarty was shot in the head on the morning of July 31, 1972. His cousin Christopher Hegarty was also struck in the head by a round fired by the same soldier but survived the shooting. Soldier B, the man responsible for both incidents will also face a charge of wounding with intent in relation to Christopher Hegarty.

The decision to prosecute the soldier represented the reversal of a decision taken in 2016 not to prefer charges against the former British serviceman. That decision was however overturned after a Divisional Court ruling last year.

Previous decisions not to prosecute in the Hegarty case were taken in 1973 after the original Inquest and again in 2008 following a review of the case by the former Historical Enquiries Team.

Announcing the decision in relation to the Hegarty case, Director of the PPS Stephen Herron said: “I have given careful consideration to all of the available evidence. This has included material obtained in the course of the initial investigation; by a later investigation carried out by the Historical Enquiries Team; material generated by Inquest proceedings and a number of forensic reports-the most recent of which was provided after the Court ruling in 2018.

“I have concluded that the evidence which can be presented at court is sufficient to provide a reasonable prospect of conviction and the Evidential Test for Prosecution is met.”

Nine people also died in Claudy on July 31, 1972 as three car bombs tore through the heart of the County Derry village.

Operation Motorman: Findings Of Seamus Bradley Inquest To Be Made Public Next Month

Eamon Sweeney writes of an Independent Commemoration to be held for IRA man George McBrearty killed by the SAS in 1981



The 38th anniversary of the SAS killing of Derry IRA man George McBrearty will be marked with a independent commemoration in Creggan this coming weekend.

On May 28, 1981 during the republican hunger strike of that year, George McBrearty and Charles Maguire approached a car on the city’s Lone Moor Road. The car was driven by an undercover member of the British Army who killed both men.

In recent years Mr McBrearty’s family have organised a commemoration in Creggan to mark George’s memory. As on other occasions the commemoration will be chaired by Martin Galvin, the New York based lawyer and former publicity officer for NORAID.

Mr Galvin said: 

There is something very special about this commemoration. It is a privilege to stand with the McBrearty family honoring a patriot and soldier who fought and died in his native city so that Derry and the six counties could one day be free of British rule. This commemoration also remembers Charles 'Pop’ Maguire.

It remembers all of the patriotic men and women, who in terrible times against great odds and British terror, Volunteered, meaning they came forward of their own free will and gave their lives so that others might live in freedom.

The McBrearty family each year gives a personal written invitation to many political groups in the city, along with publicly inviting anyone who wants to remember Irish patriots with pride. Speakers who belong to political groups do not represent those groups in this commemoration.

It draws together respected veteran republicans of various shades, ex-POWs, civil rights campaigners, with young people and independents.

This year I have been asked to wear an "England get out of Ireland" badge. There is a photo of me being arrested at Free Derry Corner, alongside Martin McGuinness wearing one in 1989.

I have been asked about those words which are carried on banners by many contingents in American St. Patrick's Day parades became controversial last March.

‘England Get Out of Ireland’ is an expression of support for a sovereign 32 county united Ireland, but the meaning goes far deeper. The reference to England recognizes that British rule from Westminster really serves English interests rather than Irish interests.

The words are based on Wolfe Tone's aim "to break the connection with England" by "uniting Protestant, Catholic and Dissenter." Rather than attacking unionists it invites them to take equal citizenship in a united nation serving all Irish people, instead of giving allegiance to British hegemony based on sectarian privilege.

That is the real basis of reconciliation. That is what George McBrearty and all of those whose memory we honour today died to give us.


In 2017, a mural in honour of George McBrearty painted by well known Derry artist Kevin Hasson was unveiled at the junction of Rathkeele Way and Rathlin Drive and will be the assembly point for next Sunday's event.

George McBrearty's brother Danny, himself a former republican prisoner, said the event is organised solely by his mother, brothers and sisters.

Danny, a honorary member of the 1916 Societies said:

Regardless of recent happenings, this commemoration and the mural stands alone and separate from any republican organisation in this city and beyond. It is a testament only to George's memory and all of those who gave their lives to Irish freedom
The intention by the republican movement as represented by Sinn Fein has always been to wind down republican commemorations. But, the mural to George, painted on the gable wall of a private home on a neighbours house has received nothing but accolades and no one has ever complained.
We intend to hold our commemoration this year and every year for all of those who gave their lives. Everyone, no matter what political party they are involved with are welcome to attend.

All those wishing to attend the George McBrearty commemoration are asked to assemble at the mural at the junction of Rathkeele Way and Rathlin Drive at 2.30pm this Sunday, May 26.

⏩Keep up with Eamon Sweeney @ Derry Now. 

Independent Commemoration For George McBrearty

Eamon Sweeney with the last in a series of three reports on the findings into the British Army's 1972 slaying of Derry teenager, Manus Deery.

‘Witness Evidence Bizarre And Unreliable ’ ➞ Lord Justice Colton

Eamon Sweeney talks to Helen Deery in the wake of the inquest into death of her brother Manus, slain by the British Army in Derry in 1972.

‘I Think My Brother Will Be Proud Of Me’ - Helen Deery

Eamon Sweeney @ The Derry Journal (eamon.sweeney@jpress.co.uk) writes of the Siege of Jadotville and how the bravery of Irish UN soldiers was shunned.

The Siege Of Jadotville

Eamon Sweeney (eamon.sweeney@jpress.co.uk) writing in the Derry Journal continues with the theme of British state killings of unarmed civilians in Derry in the 1970s.  

British Army Killing: ‘He Had Nothing In His Hand At All’

Eamon Sweeney (eamon.sweeney@jpress.co.uk ) writing in The Derry Journal reports on a campaign to clear the name of a Derry man slain by the British Army in 1973.


The British Army claimed that Robert was pointing a revolver
Locals claimed the British Army fired from a range of three yards
Robert McGuinness was shot in the back

‘Troubles’ Killing: Bid To Clear The Name Of A ‘Forgotten Victim’