The Way this Legal Case of a Former Soldier Regarding the 1972 Londonderry Incident Ended in Acquittal
Sunday 30 January 1972 stands as arguably the deadliest – and significant – days during three decades of violence in Northern Ireland.
Throughout the area where it happened – the images of that fateful day are displayed on the walls and etched in people's minds.
A public gathering was conducted on a chilly yet clear day in the city.
The protest was challenging the system of imprisonment without charges – holding suspects without legal proceedings – which had been implemented after multiple years of violence.
Military personnel from the specialized division shot dead thirteen individuals in the district – which was, and continues to be, a strongly republican area.
One image became notably prominent.
Images showed a religious figure, Father Daly, displaying a blood-stained white handkerchief as he tried to shield a assembly moving a young man, the injured teenager, who had been fatally wounded.
Journalists documented extensive video on the day.
Historical records features Fr Daly explaining to a reporter that troops "just seemed to shoot indiscriminately" and he was "absolutely certain" that there was no reason for the shooting.
This account of what happened was rejected by the original examination.
The initial inquiry found the Army had been fired upon initially.
Throughout the peace process, the administration commissioned a new investigation, after campaigning by surviving kin, who said the first investigation had been a cover-up.
That year, the conclusion by the investigation said that on balance, the military personnel had discharged weapons initially and that not one of the victims had been armed.
The then government leader, the Prime Minister, apologised in the government chamber – stating fatalities were "without justification and unjustifiable."
The police commenced examine the events.
An ex-soldier, referred to as the accused, was charged for murder.
Accusations were made over the fatalities of the first individual, 22, and 26-year-old the second individual.
The defendant was also accused of trying to kill Patrick O'Donnell, Joseph Friel, more people, an additional individual, and an unnamed civilian.
Exists a legal order preserving the defendant's privacy, which his attorneys have claimed is essential because he is at threat.
He testified the examination that he had solely shot at persons who were armed.
This assertion was rejected in the final report.
Information from the inquiry would not be used straightforwardly as proof in the court case.
In court, the defendant was screened from view behind a protective barrier.
He addressed the court for the initial occasion in court at a hearing in that month, to reply "innocent" when the charges were presented.
Family members of the deceased on the incident travelled from Londonderry to the courthouse every day of the case.
John Kelly, whose brother Michael was fatally wounded, said they were aware that listening to the proceedings would be painful.
"I visualize everything in my mind's eye," he said, as we walked around the main locations mentioned in the trial – from the location, where the victim was fatally wounded, to the adjoining Glenfada Park, where one victim and another victim were fatally wounded.
"It reminds me to where I was that day.
"I participated in moving the victim and place him in the medical transport.
"I relived the entire event during the evidence.
"Despite having to go through all that – it's still worthwhile for me."