Former Paratroopers Fight to Block New Inquest into 1972 IRA Commander's Death

High Court hears challenge to "irrational" decision made weeks before Legacy Act banned Troubles investigations

Two former paratroopers are mounting a High Court challenge to prevent a new inquest into the 1972 killing of Official IRA commander Joe McCann, arguing that Northern Ireland's Attorney General acted unlawfully, The Belfast Telegraph reports, the Belfast Telegraph reports.

According to the newspaper, counsel for the former soldiers told the court today that Attorney General Brenda King's decision to order a fresh inquest was "irrational," particularly as it came just two weeks before the controversial Legacy Act brought an end to all Troubles-era inquests.

The former paratroopers, identified only as Soldiers A and C, were previously acquitted of McCann's murder in 2021. Their trial collapsed when key evidence, including statements given to the Royal Military Police in 1972 and later to Historical Enquiries Team investigators in 2010, was ruled inadmissible.

The Telegraph reports that McCann, aged 24, was shot in disputed circumstances by an Army patrol near his home in the Markets area of Belfast in April 1972. The court heard that eight shots were fired during the incident, with six coming from another paratrooper, Soldier B, who has since died.

Joseph Aiken KC, representing the former soldiers, questioned whether a public authority could direct another to do something impossible to comply with. The court was told that Soldier A now suffers from brain damage and ongoing health issues, while Soldier C provided an affidavit describing how the new inquest decision has "brought back the distress and difficulties" he experienced during the criminal proceedings.

The Attorney General had announced the fresh hearing in April 2024, stating it would not be restricted from considering the soldiers' written statements and could provide a public record of events. However, her representative, Tony McGleenan KC, argued that the challenge was effectively meaningless, telling the court that under current legislation, "it's not possible for an inquest to be convened in this case." He added that there is currently no timetable for primary legislation to change this position.

Mr Justice Humphreys has reserved judgment on the matter, promising a decision "as soon as possible," the newspaper reports.