BALLYMURPHY INQUEST: CORONER RULES VICTIMS WERE ENTIRELY INNOCENT

A corner has found 10 people who were killed during the 'Ballymurphy Massacre' were entirely innocent.

A mother of eight and a Catholic priest were among those who died in August 1971 in events.

It came during a turbulent period following the controversial introduction of internment without trial in Northern Ireland at the start of the Troubles.

Violence erupted on August 9 when soldiers moved into republican strongholds to arrest IRA suspects.

Original inquests into the Ballymurphy deaths in 1972 returned open verdicts and the bereaved families subsequently pursued a long campaign for fresh probes to be held.

New inquests began in 2018, with the final oral evidence heard last March.

The inquests focused on five separate incidents.

The first was the shooting of parish priest Father Hugh Mullan, 38, and Frank Quinn, 19, in the Springfield Park area of Ballymurphy around 9pm on August 9.

In the second incident, that happened around the same time outside an army barracks at the Henry Taggart Hall on Divismore Park, Noel Philips, 19, Joseph Murphy, 41, Joan Connolly, 44, and Daniel Teggart, 44, were fatally wounded by gunfire.

In the third incident, the following day, Eddie Doherty, 31, died after being shot on the Whiterock Road as he came across an encounter between soldiers and protesters who had erected a barricade across the road.

In the fourth incident, on the third day of shooting, Joseph Corr, 43, and John Laverty, 20, were shot in the Whiterock Road area in the early hours of the morning. Mr Corr died 16 days later from his injuries.

In the fifth incident, former soldier John McKerr, 49, was shot later that morning on Westrock Drive close to Corpus Christi Church as he took a break from maintenance work. He died of his injuries on August 20.

Incident 1

The coroner said Fr Hugh Mullan and Frank Quinn were killed by shots fired by soldiers and that the force used was not justified.

She said she was satisfied both entered the field to assist an injured man.

While the coroner said there was evidence of a small number of IRA gunmen in the wider area on the day, she said this did not apply to the waste ground when the men were shot.

She said neither man was armed and they were not in the vicinity of someone with a gun.

Mrs Justice Keegan said there was evidence that the priest had been waving a white item, either a handkerchief or T-shirt.

She said the use of force used by the Army was disproportionate in the circumstances, further noting the soldiers were firing from protected positions from a long distance away and the fact there were many civilians in the field fleeing from violence that was unfolding elsewhere.

She said the state had failed to demonstrate that its use of force had been justified.

Incident 2

Mrs Justice Keegan again found that the killings of Noel Philips, Joseph Murphy, Joan Connolly and Daniel Teggart were not justified.

She said the victims were "innocent'' and unarmed.

"The Army had a duty to protect lives and minimise harm, and the use of force was clearly disproportionate,'' she said.

In regard to Mr Teggart, she rejected an allegation from one military witness that ammunition was found in his pockets.

She said there was no evidence to suggest any of the deceased were linked to the IRA.

Incident 3

The coroner ruled the use of force in shooting Eddie Doherty was disproportionate.

She also rejected claims that Mr Doherty had been throwing petrol bombs at the time.

"He was an innocent man who posed no threat,'' she said.

The soldier who fired the shot that killed him was in a tractor that was attempting to clear the barricade.

The coroner said she accepted that at least two petrol bombs had been thrown at the tractor and that the soldier inside would have held an honest belief that his life was in danger, and was justified in using some force as a consequence.

But she said his actions went beyond that.

"On any reading he acted in contravention of the Yellow Card (Army's rules of engagement),'' she said.

The coroner added: "The use of force was disproportionate to the risk posed to him.''

Incident 4

The coroner said the military had failed to establish an adequate justification for the use of lethal force in killing Joseph Corr and John Laverty.

She concluded they were shot by the British Army and there was no evidence that they could have been shot by anyone else.

The coroner rejected claims the men were gunmen who had been firing at soldiers.

"There is no evidence that guns were found on or near any of these two men,'' she said.

The coroner added: "It was wrong to describe these two men as gunmen and that rumour should be dispelled.''

The coroner also raised concerns about "serious failings'' in military testimony provided in respect of the shootings.

Incident 5

The Coroner’s verdict records that Mr McKerr was walking along the pavement outside Corpus Christi Church on 11 August 1971 when he was hit by a single bullet.

She said "Mr McKerr was clearly unarmed and he was not doing anything that could have caused someone to think him a threat or that justified the use of lethal force against him."

However, the Coroner could not make a definitive finding as to who shot Mr McKerr and from where the shot had been fired. The military were in the area at the time, but that did not equate to responsibility for the death.

As a result of weaknesses in the evidence and the limitations of the original investigation, it was impossible to say where exactly any shot came from.

Further, the Coroner could not decide the case simply on the basis of opportunity or presence in the area. This was a serious issue requiring proof and the Coroner was simply not satisfied that she could make a determination on the balance of probabilities.

The Coroner described the inadequacy of the original investigation as "shocking".

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