Former British soldier attempted murder trial adjourned

THE TRIAL of former British soldier Dennis Hutchings, accused of the attempted murder of an unarmed civilian near Benburb in 1974, is scheduled to resume on Monday morning after he took ill and was taken to hospital today.

The 80-year-old denies attempting to murder and cause grievous bodily harm to John Pat Cunningham. The non-jury trial is sitting for three days each week at Belfast Crown Court to allow Hutchings, who has been diagnosed as suffering from an incurable chronic kidney disease, to receive ongoing treatment. From Cornwall, he is an ex-member of the Life Guards regiment. The 27-year-old victim, Mr Cunningham who had a learning difficulty, was shot in the back and killed, as he ran away from an army patrol near Benburb.

Today, as the hearing was about to commence, the court was told the defendant had “taken unwell and is in hospital” and that it would not be possible to proceed. Adjourning the case, Mr Justice O’Hara said it was “unfortunate” and that he hoped for Mr Hutchings sake and everyone else’s sake that the trial could resume on Monday. On Wednesday, the last day that evidence was heard, the court was told of the process that brought the killing to a Crown Court trial.

PSNI Detective Inspector Neil McGuinness said Hutchings would not co-operate with the Historical Enquiries Team and it was deemed that his arrest was necessary.

Deputy Chief Inspector Peter Montgomery of the PSNI, who was next to give evidence, said, “The soldiers failed to explain why John Pat Cunningham was shot in the back from 50 yards. If there was any explanation for that, they failed to provide it.” He also stated, “There was no threat from Mr Cunningham. I wanted Mr Hutchings to account for this. There was no threat and if there was, it was diminished with every step. As well there was no directions to use a vehicle to head him off.”

The trial will resume on Monday if Hutchings is well enough to attend.