Legacy Issues: Northern Ireland

Julian Brazier Excerpts

Tuesday 13th December 2016 Westminster Hall

[Sir Henry Bellingham]

I will come to that in a moment. Dragging veterans—people in their 70s and 80s—out of their retirement to face trial when most of the evidence has long since disappeared is a fundamental breach of the military covenant.

[Mr Julian Brazier (Canterbury) (Con)]

In that context, may I mention Corporal Major Dennis Hutchings? He served in the same squadron as a very dear friend of mine—an extremely brave soldier. A terrorist was killed in an incident in which three soldiers were involved. He is the only one who is still alive. How can he ever have a fair trial?

[Sir Henry Bellingham]

My hon. Friend anticipates what I am coming on to.

In the Province, 1974 was an incredibly difficult year. A large number of people—just under 300—were killed. It was a very tough and challenging year indeed, with a number of serious incidents. Colleagues will remember the M62 coach bombing, when 12 people were killed by the IRA. They will remember the Provisional IRA bomb that exploded outside the Houses of Parliament, injuring 11 people and causing extensive damage. They will remember the Guildford bombings, carried out by the IRA, and the Birmingham bombings. During that summer in the troubled Province, the Life Guards—one of the most senior regiments of the British Army—were deployed to Armagh, Dungannon and Cookstown. They had a very tough tour, with predominantly young soldiers on the frontline who were under a great deal of pressure but at all times behaved with the utmost professionalism.

I want to look at the Army report of some incidents that took place around that time. The report states that the threat level against the Life Guards in the areas around Dungannon and Armagh was particularly high. All patrols had been warned to take special care. A number of shooting incidents involving the Life Guards had occurred close to Eglish, and it was generally believed that the unrelated non-fatal shooting of a soldier from the Life Guards on 4 June was in direct retaliation to an arms find in that area. The same day, a Life Guard foot patrol surprised a group of young men who were in the process of transferring weapons into a car in the village of Eglish. The patrol was fired upon, and an exchange of fire took place. Three men were arrested, and a quantity of arms and explosives were recovered. At least three gunmen escaped.

During that particular incident, Corporal Major Dennis Hutchings, to whom my hon. Friend the Member for Canterbury (Mr Brazier) referred, was mentioned in dispatches for his exemplary bravery and leadership. Two days later, Dennis Hutchings led a patrol of four men in a follow-up operation aimed at locating further arms caches near the village of Benburb. They chanced on John Pat Cunningham, who was challenged to give himself up—he was behaving in a suspicious manner. The patrol believed they were threatened. They opened fire and, as we know, John Pat Cunningham was tragically killed. It transpires that he was not a terrorist but an innocent civilian. It was a tragic case of mistaken identity.

That incident was investigated fully by the Life Guards. It was investigated by the military police, the Royal Ulster Constabulary and the Director of Public Prosecutions. The four patrol members were completely exonerated and cleared, and the regiment believed that was the end of the matter. If we fast-forward to 2011, Dennis Hutchings was staggered and flabbergasted when he was investigated by the PSNI historical inquiries team. A comprehensive investigation took place at the time. He co-operated fully and was told, after a short period, that no further investigations would take place because there was no case to answer and the whole matter could be closed. He specifically asked whether that was the end of it and was told that it was, so he went back to his retirement, to his grandchildren and great-grandchildren, and got on with his life.

We now fast-forward to April 2015, when there was a dawn raid on the corporal major’s house in Cornwall. By then he was in very poor health. He was arrested, taken to Northern Ireland for four days of questioning and then charged with attempted murder—of course, a charge he vehemently denies. After 42 years, there are no witnesses left. The three other members of the patrol have died. There is no forensic evidence. There are no weapons left.

I was certainly taught at law school that one of the key tenets of criminal justice is the need for credible, current and corroborated evidence. It is beyond belief that he has been charged. There is no conceivable way he could ever receive a fair trial without proper evidence. These charges fly in the face of all the basic rules of criminal justice. We are seeing an outbreak of revisionism. We cannot simply revisit cases from 42 years ago and try to reinterpret them through the prism of the 21st century, with its emphasis on human rights.

--- Later in debate ---

[Kris Hopkins]

I recognise the right hon. Gentleman’s point. This issue of proportionality is really important and that is why the Secretary of State and others have sought to find a mechanism, because the present situation creates the challenges that people are talking about at this time. We need to find another way that brings proportionality to the system and enables people to feel justice on both sides of society.

[Mr Brazier]

I am grateful to my hon. Friend, who has been generous in taking interventions. I welcome his last statement about looking for a new way forward, but does he accept that although the decision to prosecute is independent, the manner in which it is carried out—raiding the house of a great-grandfather with police cars, thus giving away his address and all the rest of it—can be commented on? Indeed, we just had comments on the Met from our right hon. Friend, the Minister for Policing and the Fire Service, a few minutes ago in another context.

[Kris Hopkins]

I expect the police to always maintain a high standard when they go to arrest somebody, and I am sure that every Member here would as well.

I want to talk about proportionality. As has been pointed out, 90% of victims were as a consequence of terrorist interventions. The proposals that are out there, which the Secretary of State would like to consult people on, are around how we ensure that those accused, from both the state side and the republican side, are brought before the courts and examined in a proportionate way. The proposals are that each case would be examined chronologically. There will be a conclusion within a period of five years, to give people some closure and some idea of timescale.