Mr Hutchings, 83, died in Belfast on Monday after contracting Covid.

Sir Jeffrey Donaldson, leader of the DUP, challenged the PPS over the new evidence that led to the trial.

Deputy director of public prosecutions Michael Agnew said: “The PPS decision to prosecute Mr Hutchings for attempted murder was taken after an impartial and independent application of the Test for Prosecution.

“The Test for Prosecution requires a consideration of whether the available evidence provides a reasonable prospect of conviction and, if it does, whether prosecution is in the public interest.”

Mr Hutchings had been suffering from kidney disease, with the court sitting only three days a week to allow him time for dialysis. He had been charged with the attempted murder of John Pat Cunningham in Co Tyrone in 1974.

Mr Cunningham, 27, was shot dead as he ran from an Army patrol across a field near Benburb. Those who knew him said he had the mental age of a child.

His family acknowledged that it was a difficult time for Mr Hutchings’ family.

“When the time is judged appropriate, the family will respond in more detail to the issues surrounding the prosecution of Dennis Hutchings,” they said.

Mr Donaldson said: “What was the compelling new evidence that had emerged, given that Dennis had previously faced two investigations and had been found guilty of no crime, therefore why now?”

Sinn Fein MLA Linda Dillon, however, told the Northern Ireland Assembly: “This was a judicial process, it is not for us to interfere in that.”