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Dennis Hutchings: Ex-soldier's challenge over Troubles killing fails

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Dennis HutchingsImage source, Pacemaker
Image caption,

Dennis Hutchings denies charges of attempted murder and attempting to cause grievous bodily harm

A former British soldier has lost a bid to bring a High Court challenge over alleged discrimination against veterans.

Dennis Hutchings, 79, is facing prosecution over a fatal shooting during Northern Ireland's Troubles.

He is due to stand trial in Belfast on charges of attempted murder and attempted grievous bodily harm with intent, both of which he denies.

The charges relate to the death of John Pat Cunningham in Tyrone in 1974.

Mr Cunningham, a 27-year-old man with learning difficulties, was shot in the back as he ran away from an Army patrol near Benburb.

Mr Hutchings, from Cawsand in Cornwall, a former member of the Life Guards regiment, has previously unsuccessfully attempted to stay his prosecution as an abuse of process, and also lost a Supreme Court challenge to have a trial before a jury.

He has now taken legal action against the government, claiming it failed to protect veterans from "ongoing discriminatory treatment by the criminal justice system" in Northern Ireland.

Mr Hutchings also claimed proposed legislation means those who served in Northern Ireland during the Troubles will not receive the same protection as those who served overseas.

At a remote hearing conducted on Wednesday, Mr Hutchings' barrister Austen Morgan argued that former soldiers were unlawfully being treated differently to terrorists.

He said that Mr Hutchings, who is on dialysis twice a week for renal failure, was one of six "elderly and often seriously ill" former soldiers who had been "lined up for prosecution".

'NI secretary not responsible'

Naina Patel, for the government, said in written submissions that Mr Hutchings' contention that the government appeared to "resile from those alleged promises in relation to Troubles-related prosecutions of British Army veterans" was unarguable.

She added: "Since prosecutorial decisions are taken independently of government and have been a devolved matter in Northern Ireland since 2010, the secretary of state for Northern Ireland is not responsible for the decision to prosecute the claimant in 2015."

Image source, Pacemaker
Image caption,

John Pat Cunningham was 27 at the time of his death but had a mental age of between six and 10

Dismissing Mr Hutchings' application for permission to bring a judicial review, Mr Justice Lewis ruled that his case was unarguable.

He said: "This is a claim against the secretary of state for Northern Ireland, (but) he is not the body responsible for dealing with prosecutions of people in Northern Ireland."

In a statement after the ruling, Mr Hutchings - who is considering an appeal - said: "To say that I'm disappointed in our legal system would be choosing my words carefully.

"I'm an ex-soldier who, along with many others, served our Queen and country and in many instances gave their lives carrying out the orders of our politicians."