10/11/2015

Retired Soldier To Be Prosecuted Over Shooting In Benburb

A former soldier is to be prosecuted following the death of John Patrick Cunningham in Co Tyrone in 1974.

Retired soldier Dennis Hutchings is to be prosecuted for attempted murder, the Public Prosecution Service (PPS) has confirmed.

Mr Cunningham, 27, who had learning difficulties, was shot dead by an Army patrol as he walked in a field close to his home at Carrickaness, Benburb, in 15 June 1974.

A PSNI investigation into Mr Cunningham's death was re-opened after the Director of Public Prosecutions, Barra McGrory QC, requested a fresh examination of the circumstances surrounding the shooting under Section 35 (5) of the Justice (Northern Ireland) Act 2002.

As a result of the new investigation, Mr Hutchings was arrested. He was charged with attempted murder by police in April 2015 while the PPS carried out a full review of all the available evidence in the case.

The PPS confirmed that its examination of the file is now complete.

PPS Assistant Director Michael Agnew said: "The PPS has carried out a careful examination of all of the available evidence and information in this case. We have concluded that there is a reasonable prospect of conviction and that the Test for Prosecution is met. "

(CD)

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