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.
Ex-soldier loses battle to avoid being prosecuted for 1972 murder of teenager Daniel Hegarty in Derry Daniel Hegarty, who was shot dead by the British Army on 31 July 1972 in Derry. Pictured with his sister Kathleen on a motorbike in the Creggan Estate Derry. Picture by Margaret McLaughlin 17 December, 2020 15:17
The High Court in Belfast
A former British 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.