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Judge Weighs Admissibility of ‘Decisive’ 1972 Statements in Soldier F Trial

A ruling next week will decide if 1972 statements from Soldiers G and H are admissible as hearsay.

Overview

  • After three days of legal submissions, Judge Patrick Lynch KC has taken the hearsay applications under consideration with a decision due next Wednesday.
  • Prosecutors argue the Royal Military Police and Widgery statements by Soldiers G and H are the only evidence identifying Soldier F as firing in Glenfada Park North and concede exclusion would likely leave insufficient proof to convict.
  • The defence says the accounts are unreliable, inconsistent and taken under compulsion, noting Soldier G is deceased and Soldier H will not give evidence by invoking his right against self-incrimination.
  • The court heard there are no surviving RMP notes detailing how the statements were taken, which the defence says prevents meaningful testing of their reliability.
  • Judge Lynch said he deleted an unsolicited letter from loyalist activist Jamie Bryson and asked prosecutors to pass it to the Director of Public Prosecutions for possible referral to the Attorney General, after previously noting a related social media post did not risk prejudice in this non‑jury trial.