Northern Ireland

Identity of deceased British soldier accused of murdering teenager Daniel Hegarty in Derry ‘should now be revealed’

The 15-year-old was shot twice in the head after the British Army moved into the Creggan area of the city in July 1972

Daniel Hegarty, 15, who died on July 31 1972 after being shot during an army operation in Londonderry (Family/PA)
Daniel Hegarty

The identity of a deceased British soldier accused of murdering a teenager in Derry more than 50 years ago should now be revealed, the High Court heard on Monday.

Lawyers representing the family of Daniel Hegarty confirmed they want the ex-serviceman’s anonymity lifted as part of an ongoing civil claim for unlawful killing.

The 15-year-old was shot twice in the head after the British Army moved into the Creggan area of the city in July 1972.

Troops were deployed during Operation Motorman, an initiative to clear so-called no-go areas set up by republican paramilitaries at the height of the Troubles.

In 2011 an inquest jury unanimously found that Daniel posed no risk and had been shot without warning.

His 17-year-old cousin, Christopher Hegarty, was wounded in the same incident.

An Army veteran known only as Soldier B was set to be prosecuted for Daniel’s murder.

Criminal proceedings against him were at one stage discontinued after the separate trial of two former paratroopers accused of another Troubles-era killing collapsed.

In June last year senior judges in Belfast quashed the Public Prosecution Service’s decision to drop the case against Soldier B.

He died two months later, ending any prospect of him ever standing trial.

Daniel’s sister, Margaret Brady, is now pursuing a civil action against the Ministry of Defence over his alleged unlawful killing.

Christopher Hegarty is also suing the MoD in a claim for personal injury damages.

At a review hearing on Monday the family’s barrister, David Heraghty KC, indicated that Soldier B’s identity should no longer be protected.

Proceedings were adjourned for relatives of the veteran to be contacted about their views on potentially disclosing his name.

Mr Justice Colton also agreed to list the two civil actions for hearing in January next year.

Speaking outside court, a solicitor for the Hegarty family insisted Soldier B’s name should be revealed.

Desmond Doherty said: “He has been dead now for a year and there is absolutely no reason whatsoever why any type of anonymity should be maintained.

“There has never been a court order in relation to his anonymity, and the family were never any threat to Soldier B.

“They certainly do not hold any ill-will towards his family.”