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Solidarity event being held tomorrow for families impacted by PPS decision not to prosecute former soldiers for Derry killings
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Bloody Sunday families told murder charges against Soldier F dropped
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Bloody Sunday families told murder charges against Soldier F dropped
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A former soldier has lost his legal battle to avoid being prosecuted for the murder of a teenage boy in Derry 48 years ago.
The ex-serviceman claimed the decision to charge him over the killing of Daniel Hegarty put him at heightened risk of sudden death due to ill-health.
But High Court judges today rejected a challenge based on an alleged breach of his right to life.
Lord Justice Treacy ruled that accepting his case would have meant far-reaching repercussions for the criminal justice system and potential immunity for any suspect with a medical complaint.
He said: If correct, a serial killer or rapist could not lawfully be prosecuted if the medical evidence established that a decision to prosecute would expose him to that risk.
BBC News
Published
image captionDaniel Hegarty, 15, was shot dead by a soldier during Operation Motorman in 1972
A former soldier has lost a legal challenge against being prosecuted for the murder of a teenage boy in Londonderry 48 years ago.
The ex-serviceman claimed the decision to charge him over the killing of Daniel Hegarty put him at heightened risk of sudden death due to ill health.
Lord Justice Treacy said to accept it could give potential immunity for any suspect with a medical complaint. If correct, a serial killer or rapist could not lawfully be prosecuted if the medical evidence established that a decision to prosecute would expose him to that risk, he said.