Northern Ireland

Families hit out at ‘unbelievable’ decision not to prosecute soldiers over deaths of teenager girl and man shot in Derry in 1971

Prosecutors said there was ‘significant evidential difficulties’ in considering both cases

Annette McGavigan was 14 when she was shot dead during rioting in Londonderry (McGavigan family/PA)
Annette McGavigan was 14 when she was shot dead during rioting in Derry in 1971.

The families of two people shot in Derry in 1971 have criticised the “unbelievable” decision not to prosecute two soldiers over the deaths.

It comes as the north’s Attorney General ordered a fresh inquest into the deaths of one of the two people, 14-year-old Annette McGavigan.

The teenager was shot dead during unrest in Derry’s Bogside area on September 6, 1971.

Nine days later, 41-year-old William McGreanery was shot after a soldier opened fire from an army sanger near Lonemoore Road.

William McGreanery was shot dead in Derry on September 15, 1971.
William McGreanery was shot in Derry on September 15, 1971.

Files on both killings had been sent to the Public Prosecution Service (PPS) by the PSNI, with a soldier known as Soldier B reported in connection with the death of Annette McGavigan, and a Soldier A reported over the death of Mr McGreanery.

Join the Irish News Whatsapp channel

On Monday, the PPS confirmed it would not prosecute either individual.

Assistant director Martin Hardy said the PPS had “carefully considered” the evidence in both cases.

He said both cases “featured significant evidential difficulties arising from the circumstances in which accounts were taken and recorded, both by the Royal Military Police in 1971, and later by the PSNI’s Historical Enquiries Team”.

“In addition, the death of significant witnesses and a failure to conduct effective investigations at the time has undoubtedly hampered more recent investigative efforts and the prosecutorial prospects in these cases,” he said.

The PPS was satisfied that available evidence was capable of proving Mr McGreanery was unarmed and presented no threat to any soldier, but said admissible evidence was insufficient to prove that the reported suspect was the soldier known as Soldier A who was responsible for causing Mr McGreanery’s death.



Prosecutors could also not prove that the reported suspect fired the shots that killed Annette McGavigan.

“We recognise that these decisions not to prosecute will be deeply disappointing to the victims’ families who lost their loved one in very painful circumstances and are understandably still seeking clarity on what happened,” Mr Hardy said.

“We have today written to them to explain the detailed reasons for the decisions and have offered meetings to give any further explanation they may require about the basis of these decisions.”

Sara Duddy of the Pat Finucane Centre speaking at a press conference following the decision by the PPS . The families of Billy McGreanery and Annette McGavigan were at the Pat Finucane Centre in Derry on Monday where they were due to find out from the PPS if the British soldiers who shot them dead in 1971 in Derry, will be prosecuted.  Pictured are left to right, May and Martin McGavigan, the sister and brother of Annette McGavigan, with Billy McGreanery and Marjorie Roddy, the nephew and neice of Billy McGreanery.  Picture Margaret McLaughlin 29-4-2024
Sara Duddy of the Pat Finucane Centre speaking at a press conference on Monday with the families of Billy McGreanery and Annette McGavigan. PICTURE: MARGARET MCLAUGHLIN (MARGARET MCLAUGHLIN PHOTOGRAPHY )

Annette’s brother Martin said the PPS decision was “unbelievable”, and described receiving the news days before the UK’s legacy legislation takes effect as “very cruel”.

Mr McGreanery’s nephew Billy said the decision “beggars belief”.

“It is a justice system but in our case it is unjust,” he said.

Meanwhile, a solicitor for the family of Annette McGavigan said they welcomed the granting of a fresh inquest into her death.

“They have campaigned relentlessly for over 20 years to achieve some independent judicial court based scrutiny of the circumstances of their sister’s killing,” solicitor Patricia Coyle said.

“While this decision comes immediately before the Legacy Act deadline they will not be deterred in campaigning to action the AG direction. Legal challenges persist regarding the Legacy Act including an application to the European Court of Human Rights by the family.”