NI: Political backlash over decision to charge ex-soldier with attempted murder
The Public Prosecution Service (PPS) has faced a political backlash following its decision to charge ex-soldier Dennis Hutchings with attempted murder.
Mr Hutchings, 75, is accused of killing John-Pat Cunningham, 27, as he ran away from an army patrol in Benburb, Co Armagh in 1974.
In a preliminary inquiry in March, Mr Justice Alan White in Armagh Magistrates’ Court found that there was not enough evidence to try Mr Hutchings for attempted murder, and said that he should instead stand trial for attempting to cause grievous bodily harm.
However, the PPS has since decided to charge him with attempted murder, prompting a backlash from Northern Ireland politicians.
Sir Jeffrey Donaldson, the outgoing DUP MP for Lagan Valley, told the News Letter: “The decision of the PPS to go against the judge raises serious questions about their impartiality and there are many in the community who are now losing confidence in the ability of the PPS to take a balanced approach to legacy cases, myself included.”
He also said the role of the PPS in legacy matters had now emerged as an issue in the ongoing talks between Northern Ireland political parties.
A PPS spokesperson told Irish Legal News: “The indictment in this case includes the charge of attempted murder to be heard at the Crown Court, which we consider to be the appropriate level for these matters to be determined. As this case is before the Court it would be inappropriate to comment further.
“While there has been some political commentary over the recent period, political considerations play no part in any decision taken by the PPS. Our decision-making is fair, independent and impartial and is not influenced by improper or undue pressure from any source, in line with the Code for Prosecutors.”