The trial of two former British Army paratroopers accused of the murder of an Official IRA leader has collapsed.
The two men, identified only as A and C, had been standing trial at Belfast Crown Court over the 1972 shooting of Joe McCann, aged 24.
Prosecutors’ case against the ex-soldiers fell apart on Tuesday after evidence central to the case – statements they made to the Royal Military Police in 1972, and interviews in 2010 with police legacy unit set up to investigate unsolved murders during the Troubles – was ruled inadmissible.
The inclusion of the soldiers’ 1972 statements was challenged because the men were ordered to make them, they were not conducted under caution, there was no access to legal representation, and the Army maintained a policy of not asking soldiers to provide an explanation or rationale for their actions.
After the prosecution confirmed it would present no further evidence against the men, now in their 70s, Mr Justice O’Hara informed them: “In the circumstances ,Mr A and C, I formally find you not guilty of the charge of murder.”
Moments later the two men walked free from the court.
Mr McCann was shot dead by paratroopers as he attempted to evade arrest in the Markets Area of Belfast in April 1972.
The murder trial was the first in several years that involved charges against former military personnel who served in the Northern Ireland conflict.
Decisions to prosecute have been taken in four other cases involving veterans, while decisions are pending in three others.
The Public Prosecution Service said on Tuesday that it would review the other cases and “consider whether (the ruling) has the potential to impact upon any other cases that are currently before the courts.”
Philip Barden, the senior partner at Devonshires solicitors who represented soldiers A and C, said the firm made legal submissions back in 2016 making clear that the evidence from their clients would not be admissible.
“The stress of these proceedings on the soldiers and their families cannot be underestimated,” he said.
“This is a prosecution that should never have got off the ground. Before initiating the prosecution, the PPS had all the relevant information to conclude that the evidence was clearly inadmissible. Despite this, the prosecution proceeded.”
The family of Mr McCann are to apply to the Attorney General to open an inquest into his killing.
Speaking outside the court, solicitor for the family Niall Murphy said: “This ruling does not acquit the State of murder.
“This ruling does not mean that Joe McCann was not murdered by the British Army.
“He was shot in the back whilst unarmed, from a distance of 40 metres, posing no threat. It was easier to arrest him than to murder him.”
Former defence minister Johnny Mercer has called on the Government to include veterans who served in Northern Ireland in a new Bill to protect soldiers from prosecutions.
Mr Mercer left the Government in April after it emerged the Overseas Operations Bill would not include soldiers who served in Northern Ireland.
Speaking after the verdict, he said: “I’m delighted for the soldiers who can now hopefully go and live the rest of their lives in peace.
“But the Government has made very clear promises, and the Prime Minister has made very clear promises, on legislation to end the relentless pursuit of those who served their country in Northern Ireland. It is time to deliver on that.”
Deputy Director of Public Prosecutions at the PPS Michael Agnew said the decision to prosecute was taken after a “very thorough and careful examination”.
“Despite today’s outcome, the PPS remains satisfied that this case was properly brought before the courts,” he said.
Mr Agnew added: “When the full written judgment becomes available, the PPS will carefully consider whether it has the potential to impact upon any other cases that are currently before the courts.”
Additional reporting by Press Association