David Holden

The decision to prosecute a former soldier over a fatal shooting during Northern Ireland 's Troubles was in The Public interest, the PPS has said.

Dennis Hutchings, 80, from Cawsand in Cornwall, died in Belfast on Monday.

He had denied attempting to murder and cause grievous Bodily Harm to John Pat Cunningham.

Mr Cunningham, 27, was.

The Deputy Director of Public Prosecutions in Northern Ireland Michael Agnew said the file submitted to the PPS by police " included certain evidence not previously available".

The non-jury trial had been sitting at Belfast Crown Court for Three Days a week to allow Mr Hutchings, who had been suffering from kidney disease, to receive dialysis treatment.

It was adjourned on Monday after The Court heard he had tested positive for Covid-19. He died in the Mater Hospital in Belfast later that afternoon.

Unionist politicians have criticised the decision to prosecute Mr Hutchings.

Democratic Unionist Party leader Sir Jeffrey Donaldson said there were " serious questions around those who made the decision that Dennis should stand trial once more".

" Whilst understanding The Desire of the Cunningham family for justice, we have consistently challenged those in legal authority who insisted that Dennis stand trial again.

" He was an 80-year-old veteran, in ill-health on dialysis and there was a lack of compelling new evidence. "

Ulster Unionist Party leader Doug Beattie said the decision by The Public Prosecution Service to proceed with a trial given Mr Hutchings' ill-health demanded an independent review.

" The Questions must be asked, did this trial hasten Mr Hutchings' death and did it meet the evidential and public interest tests? " He Said .

Mr Agnew said the PPS commenced proceedings against Mr Hutchings in 2015 after " a careful consideration of a wide range of issues, including the strength of evidence against him and the relevant public interest considerations".

" The PPS decision to prosecute Mr Hutchings for attempted murder was taken after an impartial and independent application of The Test for Prosecution, " he added.

" Whilst a review of a previous no prosecution decision does not require the existence of new evidence, The Police investigation in this case resulted in a file being submitted to the PPS which included certain evidence not previously available.

" In The Course of the proceedings there were rulings by High Court Judges that The Evidence was sufficient to put Mr Hutchings On Trial and also that the proceedings were not an abuse of process. "

Dennis Hutchings' supporters had made an issue of his age and ill-health during a long campaign against his prosecution.

Legal attempts to have his case thrown out failed before it reached trial stage.

His death will very likely reopen arguments around legacy prosecutions.

The government is proposing to end all future investigations and court cases related to Troubles incidents prior to the.

Part of its reasoning is to protect veterans.

This development leaves just one other veteran facing trial, David Holden , who is accused of the manslaughter of Aidan Mcanespie in 1988.

All other recent cases involving former soldiers have collapsed.

Mr Agnew said the PPS recognised concerns " in some quarters" in relation to the decision to prosecute.

" However, where a charge is as serious as attempted murder, it will generally be in The Public interest to prosecute. "

The Sinn Féin MP for Fermanagh and South Tyrone Michelle Gildernew said she was aware of a grieving family following the death of Mr Hutchings, but the Cunningham family also continued to grieve.

" Let's remember that grief knows no bounds, " she tweeted.

Source of news: bbc.com