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Charlie Agnew, nephew of John Pat Cunningham. PA Archive/Press Association Images

Shot dead in 1974 but still no justice

John Pat Cunningham was shot by the British Army.

THE CASE OF an Armagh man shot dead by British soldiers in 1974 has been reopened.

John Pat Cunningham was shot in a field not far from his home in Benburb after running away from the army patrol.

The 27-year-old had a mental age of between 6 and 10 and feared men in uniforms following a number of previous incidents.

The PSNI now say that following a review of the evidence the case has been re-opened and a murder investigation has been started.

Two years ago the British Government apologised for the killing but neither of the soldiers suspected of the shooting have been disciplined or have given official accounts of what happened.

The Pat Finucance Centre has worked on behalf of the Cunnigham family and say that a total of five shots were fired by the soldiers. The centre says that both soldiers were questioned by the RUC for only five minutes during which time they said they declined to answer questions on legal advice.

The PSNI’s now defunct Historical Enquiries Team had previously concluded that, “John Pat’s death was an absolute tragedy that should not have happened.”

Carrickaness Road Benburb 150674 1 The scene at Carrickaness Road in 1974.

The officer leading the new investigation says that while he appreciates the incident happened over forty years ago, any information from the public could be crucial.

“Firstly, I would like to speak to people who knew John Pat, what sort of a young man he was, his interests, his lifestyle, his concerns,” said detective inspector Neil McGuinness.

I want to speak to anyone who has knowledge of any previous encounters or incidents involving John Pat and soldiers. It doesn’t matter what these were or what they amounted to – I just need to know about them.

“Finally, I would like to speak to anyone who was a witness to the fatal shooting itself at Carrickaness.”

Read: “Surely after 30 years, if we can forgive the deed, the remains could be given back to us” >

Read: Torture, abuse and a suspect’s death: An RUC holding centre used during the Troubles >

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56 Comments
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    Mute ProudIrishRepublican
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    Mar 10th 2015, 7:15 AM

    No matter what you know or believe about what happened in the north over the 30 years of troubles, the shooting dead of a very mentally challenged man, shot in the back as he ran away, and the subsequent non investigation by the RUC and British army, this was British justice, this was harassment and crimes like the Aiden McEnespie murder were allowed happen all too regularly. Truth and Reconciliation Commission now. Give the families some closure on why and how their loved ones died.

    171
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    Mute Tír Eoghain Gael
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    Mar 10th 2015, 7:29 AM

    Sadly, I suspect nothing will come of this. In all the talk of OTR letters, over 10,000 republicans saw jail terms, compared to just three British Army murder convictions. They were the group which enjoyed an amnesty. That is not, however? just a claim on my behalf. It became an official british policy. In 1972, 79 Irish people were shot dead by the British Army on Irish soil. The vast majority of these were civilians. In July 1972, a strategic government and security meeting at Stormont Castle was held, involving the Secretary for State William Whitelaw MP, the North’s most senior British Army officer the General Officer Commanding (GOC) General Ford, the Deputy Chief Constable of the RUC, plus Lord Windlesham the British government’s representative in the House of Lords, British MP’s, and senior civil servants from the NIO. Relatives for Justice recently unearthed a document from this meeting. The document includes some striking quotes, including one crucial one: ” ‘The (British) Army should not be inhibited in its campaign by the threat of court proceedings and should therefore be suitably indemnified[/b].”
    This is the first documented proof of the British Government’s determination to see no British Soldiers convicted for killings in Ireland. Of the over 300 killings by the British Army in Ireland since 1969, there has only been convictions in three cases. All of those convicted were released significantly early and reinstated back to their regiments….

    105
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    Mute Tír Eoghain Gael
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    Mar 10th 2015, 7:31 AM

    … Some were promoted. As mentioned, this meeting took place in 1972. That year 79 people were shot by the British Army. The meeting took place in July. That month the British Army killed 20 innocent civilians. Not one British soldier faced a conviction for ANY of these killings throughout 1972.

    The doxument also referred to the UDA’s activities as “acceptable”. In terms of the nature of the UDA’s activities- the month this meeting was held, loyalists committed 27 sectarian murders. Over half of these (16) were carried out by the “acceptable” UDA.

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    Mute Sam Bartell
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    Mar 10th 2015, 6:44 AM

    Delighted this investigation has been reopened. Just one of the callous and cold blooded murders carried out by the british army. Hope the pat finucane centre get a result and the family get the justice long denied

    167
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    Mute Jez Harper
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    Mar 10th 2015, 7:24 AM

    How does that sort of emotive talk help the peace process? “Callous and cold blooded murders” is a description that is so far removed from reality.

    There were atrocities on both sides of the conflict. For example, in 1989 in Wildenrath, Germany, a British soldier was killed when the IRA opened fire on his car indiscriminately. Not only was he killed, but his 6 month old daughter was also killed by a shot to the head, leaving the soldier’s wife, in shock, cradling the practically decapitated corpse of her child.

    64
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    Mute Anton Good
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    Mar 10th 2015, 7:38 AM

    The murder u quote was a heinous crime but the difference between the murder of the soldier and the murder of the young man in the field in Tyrone is that one was perpetrated by agents of the state sworn to perform a duty to protect all citizens equally. Actions of this type were systematic and amounted to state sponsored terrorism.

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    Mute Tír Eoghain Gael
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    Mar 10th 2015, 7:47 AM

    Saying this murder was callous and coldboded is “Far removed from reality”, Jez?

    Really?

    82
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    Mute Jez Harper
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    Mar 10th 2015, 8:01 AM

    If you read what I said, I was clearly talking about the generalisation of the killings by the British Forces as “callous and cold blooded”. Any of these conversations result in the over use of the word “murder” when describing the actions of the British soldiers.

    This was a conflict, one which the British forces were ill equipped to deal with. They had very little experience of guerrilla warfare and were fighting a terrorist force that was very difficult to identify (no specific uniform).

    My point is, that there were horrific incidents perpetrated by both sides of this conflict, and using phrases like the one mentioned above, as well as acting like it was one sided, does nothing to promote a long lasting peace.

    I am the son of a British soldier, who witnessed IRA actions first hand, I understand the IRA’s cause (if not their methods) and I understand the British soldier’s difficulty fighting a force they can’t identify.

    Continuously pointing the finger at the British establishment whilst assuming there was no responsibility for the actions of the IRA is not a good path to long lasting peace. Thankfully, those views seem to be in the minority.

    39
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    Mute Cuppantae
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    Mar 10th 2015, 8:02 AM

    Jez….you are aware of the hierarchy of victims during the course of the Troubles…not all lives were equal….

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    Mute Jez Harper
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    Mar 10th 2015, 8:07 AM

    Cuppantae, do you mean like the killing of uninvolved British royalty?

    There is no hierarchy of victims, just victims, no winners, just losers. And there will be nothing won until we can all stop blaming everyone else and let the past be the past.

    38
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    Mute Cuppantae
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    Mar 10th 2015, 8:13 AM

    Sorry Jez…you mistook my point. What I should have said was…The only “Victims” during the Troubles were Republicans…Bearing in mind that more people were killed by Republican Paramilitaries that’s some feat….

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    Mute ProudIrishRepublican
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    Mar 10th 2015, 8:22 AM

    Cup of tea, there is no hierarchy of victims. There are only victims. But endabots like yourself like to portray that there is some imaginary hierarchy when there isn’t. Truth and Reconciliation Commission now. What have Fine Gael and the Tories got to hide that they won’t support this basic and simple demand?

    66
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    Mute Cuppantae
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    Mar 10th 2015, 8:29 AM

    Sorry Provo…What’s an Endabot? You resort to calling people names if they dont tow rhe SF mantra. You lot go on about “Truth and Reconciliation” yet you go around naming Children’s Playgrounds after Terrorists….Do you not think that’s warped? Not exactly reaching out the hand of reconciliation with that move….

    23
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    Mute Tír Eoghain Gael
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    Mar 10th 2015, 8:34 AM

    Cuppantae, if you want to talk about a hierarchy, perhaps read my lengthier post earlier where I noted that over 300 murders were carried out by the British Army and not ONE of the families of ANY of those victims have seen justice yet in terms of perpetrators serving a sentence. Of course, your only interest in comong onto this story about the murder of a mentally ill man by british soldiers, is to desperately change the subject back onto the IRA. Because if it’s not an IRA victim, then neother you, nor the justice system, reallly cares. You’re a pathetic lowlife.

    63
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    Mute ProudIrishRepublican
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    Mar 10th 2015, 8:44 AM

    Cup of tea, a democratic decision was made to call the park after a brave young man who have his life for Ireland. We have Heuston and Connolly Stations, Pearse St, Cathal Brugha St, Collins Avenue, the list is endless!! Should they be renamed because some people class them as “terrorists”? As for your imaginary hierarchy, if as much time and effort was spent by the RUC and British forces investigating crimes like the one mentioned in this article as there was spent interning thousands of nationalists, well, you talk about a hierarchy? The only hierarchy I can invariably see is that in cases were British forces shot dead innocent men, women and children, there was no or little investigation.

    53
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    Mute men in black hoods
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    Mar 10th 2015, 8:46 AM

    There is a perceived hierarchy of victims because the finnucane centre and Sinn Fein do such a great job in seeking justice for those families that seek it. It’s not their fault the FAIR group for unionist victims is run by a dummy and the British army doesn’t care.

    40
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    Mute ProudIrishRepublican
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    Mar 10th 2015, 8:56 AM

    The RUC asked the nice soldiers some questions for five minutes!! That was their response to a mentally challenged man been shot in the back as he ran away!! I hope The Pat Finucane centre continue to pursue justice for victims like John Pat Cunningham.

    47
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    Mute Joe
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    Mar 10th 2015, 9:07 AM

    Does the Pat Finucane centre represent both sides of the community?

    29
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    Mute ProudIrishRepublican
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    Mar 10th 2015, 9:13 AM

    Yes they do Joe. Read their mission statement on http://www.patfinucanecentre.org

    44
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    Mute Joe
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    Mar 10th 2015, 9:15 AM

    Thanks, I’ll do that.

    27
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    Mute Tír Eoghain Gael
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    Mar 10th 2015, 9:15 AM

    It was set up chiefly to assist families of the victims of collusion who were still seeking truth and/or justice. As it happens, the state’s victims tended to come from one particular side of the community.

    36
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    Mute M Bowe
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    Mar 10th 2015, 11:59 AM

    Those responsible for that action would have and still do face the full rigours of the law, those responsible for the Cunningham killing are known and have never faced any law whatsoever. . Heirachy of victims in action..

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    Mute Antrim/Kurdistan
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    Mar 10th 2015, 3:28 PM

    The PFC don’t investigate republican atrocities, they are set up as a witch hunt against security forces. If they cared about both sides of the community they’d be helping the Enniskillen or Kingsmills families get justice too. They don’t help these families because their loved ones were murdered by the IRA, if the UVF, UDA, RUC, SAS or UDR had perpetrated the two incidents I mentioned the PFC would be all over it. They are a biased organisation.

    6
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    Mute ProudIrishRepublican
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    Mar 10th 2015, 9:23 PM

    Back in your cave Aontroim.

    3
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    Mute Eoin Mulhern
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    Mar 10th 2015, 8:08 AM

    I’ll just sum up the whole thing when it comes to the media reporting news like this.

    Shot by British army= ”meh”
    Shot by UVF= ”Who cares”
    Shot by the IRA= ”OW MY GOD WE NEED THIS AS A FRONT PAGE RIGHT NOW”.

    82
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    Mute ProudIrishRepublican
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    Mar 10th 2015, 8:33 AM

    That Eoin is the gods honest truth. A case like this doesn’t seem as important to the Irish media as the Jean McConville story. You have to ask yourself, why is that? Why will I not read 10 pages about this heinous crime in today’s Irish Independent? We all know the reason.

    48
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    Mute Tír Eoghain Gael
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    Mar 10th 2015, 7:33 AM

    Sadly, I suspect nothing will come of this. In all the talk of OTR letters, over 10,000 republicans saw jail terms, compared to just three British Army murder convictions. They were the group which enjoyed an amnesty. That is not, however? just a claim on my behalf. It became an official british policy. In 1972, 79 Irish people were shot dead by the British Army on Irish soil. The vast majority of these were civilians. In July 1972, a strategic government and security meeting at Stormont Castle was held, involving the Secretary for State William Whitelaw MP, the North’s most senior British Army officer the General Officer Commanding (GOC) General Ford, the Deputy Chief Constable of the RUC, plus Lord Windlesham the British government’s representative in the House of Lords, British MP’s, and senior civil servants from the NIO. Relatives for Justice recently unearthed a document from this meeting. The document includes some striking quotes, including one crucial one: ” ‘The (British) Army should not be inhibited in its campaign by the threat of court proceedings and should therefore be suitably indemnified[/b].”
    This is the first documented proof of the British Government’s determination to see no British Soldiers convicted for killings in Ireland. Of the over 300 killings by the British Army in Ireland since 1969, there has only been convictions in three cases. All of those convicted were released significantly early and reinstated back to their regiments….

    52
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    Mute Tír Eoghain Gael
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    Mar 10th 2015, 7:33 AM

    … Some were promoted. As mentioned, this meeting took place in 1972. That year 79 people were shot by the British Army. The meeting took place in July. That month the British Army killed 20 innocent civilians. Not one British soldier faced a conviction for ANY of these killings throughout 1972.

    The doxument also referred to the UDA’s activities as “acceptable”. In terms of the nature of the UDA’s activities- the month this meeting was held, loyalists committed 27 sectarian murders. Over half of these (16) were carried out by the “acceptable” UDA.

    43
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    Mute Tír Eoghain Gael
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    Mar 10th 2015, 7:34 AM

    Apologies for accidentally double posting btw

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    Mute Steve Dedalus
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    Mar 10th 2015, 7:50 AM

    An apology for being an apologist for IRA atrocities would be more appropriate.

    The soldiers who shot this poor man are known and should be arrested and tried before a court.
    The IRA murderers of Gardai, British Army and Police are also known to certain individuals and should also be locked up. T E Gael, you may even know a few yourself.

    In short, murderers should be in jail. All of them.

    28
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    Mute Jon Gripper McKee
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    Mar 10th 2015, 8:03 AM

    Steve, Whats your proposal to bring them to justice? A strongly worded letter?

    35
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    Mute ProudIrishRepublican
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    Mar 10th 2015, 8:28 AM

    If the soldiers who shot this poor man dead are known Steve, then why have they not been arrested and charged? 40 years and nothing!! That is nothing short of a disgrace, but something that has been synonymous with British “justice” for decades.

    44
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    Mute Tír Eoghain Gael
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    Mar 10th 2015, 8:38 AM

    Anything to say about the actual content of my post, Steve? Like the part where I referred to a leaked high level British Government document which proves that the state was permitting their army to murder citizens without having to worry about ever facing a prison term?

    41
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    Mute Barry Walsh
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    Mar 10th 2015, 8:32 AM

    Some tools on here too,the logic as follows

    Old ira=good
    Modern ira=bad
    British army=what about the modern ira being bad?

    51
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    Mute ProudIrishRepublican
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    Mar 10th 2015, 8:46 AM

    I hope some day they might take the blinkers off Barry, but I don’t hold out much hope.

    43
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    Mute Charles McDonald
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    Mar 10th 2015, 10:06 AM

    You Mean Shinners Taking Blinkers Off? ?

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    Mute dearg doom
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    Mar 10th 2015, 10:17 AM

    Sums it up nicely Barry.

    18
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    Mute ProudIrishRepublican
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    Mar 10th 2015, 10:27 AM

    Charles, let’s see how many pages this story gets in tomorrow’s newspapers, as opposed to how many pages tonight’s Spotlight “revelations” get. Both as important as each other, but only one can and will be used by Enda et al for political gain. That my friend is completely wrong as well you know.

    29
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    Mute Charles McDonald
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    Mar 10th 2015, 10:50 AM

    Well firstly this unfortunate and unacceptable killing is not a new revelation. He was shot by a British solider no cover up of that. But no appetite to pursue it by the British state. Wrong also.

    this is like gene mcconville who was tortured and killed by the ira. They still won’t tell the truth about who was the hit squad and why a very well known shinner ordered her torture and death.

    Also true is that while it was no secret that poor man was murdered by the army. Let’s call a spade a spade. It was a secret the shinners could rape away in the north and faced no justice.

    Good buddy of mine who grew up in the border witnessed some strange things. Basically if your pretty girl you stay away from pubs in Crossmaglen and such. You go in there an IRA man sees you well you have no choice. Say no and your ma and da would be burnt out.

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    Mute Charles McDonald
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    Mar 10th 2015, 10:50 AM

    So yes I can see this spotlight getting the headlines it’s a new revelation

    2
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    Mute ProudIrishRepublican
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    Mar 10th 2015, 10:58 AM

    I can see Denis O’Brien wetting himself right now and keeping his front pages for the next two weeks at least for this story. What happened was wrong, I in no way condone it. I feel that the person who has alleged the abuse should be talking to the PSNI and not a television programme. To me, it does his case no good and feels like trial by tv instead of trial by court.

    18
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    Mute Charles McDonald
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    Mar 10th 2015, 11:20 AM

    Oh I agree. Police first. Maybe he has? Maybe it’s in progress then he should keep silent till after. Or maybe the abuser is dead or whatever.

    Will be watching anyway.

    4
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    Mute ProudIrishRepublican
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    Mar 10th 2015, 11:31 AM

    I’ll be watching too. But programmes like this prejudice any possible trial in the future. I think that’s a shame. If someone’s guilty of a crime like this, they deserve a long sentence, no matter who they are.

    18
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    Mute Tír Eoghain Gael
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    Mar 10th 2015, 11:35 AM

    @Charles

    “this is like gene mcconville”
    If you genuinely cared about this woman’s story, rather than just using it to take digs at the shinners, you’d know that her name was “Jean”, not “Gene”, which is generally short of ‘Eugene’.

    “and why a very well known shinner ordered her torture and death.”
    What shinner are you referring to, and what evidence do you have? Out of interest, why do you believe she was targeted?

    “Good buddy of mine who grew up in the border witnessed some strange things. Basically if your pretty girl you stay away from pubs in Crossmaglen”
    Oh ffs

    22
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    Mute Charles McDonald
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    Mar 10th 2015, 12:14 PM

    Predictive text.

    Now you know if I say the name of the leader of your movement you will only complaint to the journal again. Mind you last time was funny you wanted mine deleted but you repeated it word for word.

    I’m very sure you did not grow up on border area :)

    But anyway Jene then now we have her name right does that take away from the torture and murder of the mother of 10.

    Have you campaigned for justice for Jene and her children. Have you asked your leader adams to name those who killed civilians

    4
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    Mute Tír Eoghain Gael
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    Mar 10th 2015, 12:38 PM

    “Predictive text.”
    Yeah. Joan is very close to Gene on a keyboard alright.

    “Now you know if I say the name of the leader of your movement you will only complaint to the journal again. Mind you last time was funny you wanted mine deleted but you repeated it word for word.”
    So you are referring to the leader of the republican movement? Since that is a direct accusation against Gerry Adams, maybe the Journal might step in again and delete your accusation. And maybe you’ll tell me what evidence you have that he “ordered her torture and death”? And you didn’t answer why you think she was targeted.

    “I’m very sure you did not grow up on border area :)”
    Yes, I did, and still do. Not that my experience counts for anything against yours. You have a “buddy” from here after all.

    “But anyway Jene then now we have her name right does that take away from the torture and murder of the mother of 10.”
    No, you got her name wrong again. Predictive text again, I’m sure, though. Odd that on an article about a British Army murder, that you are dragging up the name of Jean McConville. If the death of a mother of a large family upsets you for what it was, I’d have thought that this article about British Army murders would have brought to mind Joan Connolly, mother of eight, murdered by the British Army in Ballymurphy in 1972, repeatedly shot in the head, face and body as she helped aid a small boy who was also shot by the paras. She was left in such a horrific state that it took her husband three attempts to identify her body. I wonder why it is you’ve never mentioned Joan in the midst of your countless, countless posts about “Gene” McConville.

    “Have you campaigned for justice for Jene and her children. Have you asked your leader adams to name those who killed civilians”
    Again, you’ve got her name wrong. You need to get a new phone, I doubt. Amazing that predictive text only trips you up on that one name in all your posts wording.

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    Mute Charles McDonald
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    Mar 10th 2015, 3:01 PM

    So why ask for a name if you want it deleted ? Did not say a name sf has leaders you just puck the one that suits you but now you said who you think I’m referring too I’m happy with that.

    It’s not deleted by the way. Why would it be.

    Oh and who was arrested recently into the ongoing investigation into her death??

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    Mute Tír Eoghain Gael
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    Mar 10th 2015, 3:27 PM

    You said “leader” not “one of the leaders”. There is only one party leader. And who was arrested? You mean the man who was released without charge when no evidence was produced? That the same man you are accusing anyway, would it?

    Why do you believe she was targeted?

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    Mute Hebridean princess
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    Mar 10th 2015, 9:38 AM

    This innocent man was shot in the back in his own country. A place he was born and raised and should have felt safe and protected by law by his own country. Unbelievably he was killed by a British soldier for fleeing from them and still to this day no one has answered or been charged for this crime. Any person with any sense of justice can see clearly this act was not “unfortunate” but barbaric.

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    Mute Charles McDonald
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    Mar 10th 2015, 10:12 AM

    Absolutely someone should be held to account. But in 1972 it was total war bad acts commited by all sides. I could see the frustration the military would have had. But retärded man running away is not a target and someone should be held to account.

    Watched an excellent movie the other night. ’71 if you have not seen it search for it. Excellent movie dies not shy away from showing psychopaths on all sides.

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    Mute B-Egan
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    Mar 10th 2015, 10:14 AM

    I’m impressed by the author of this article nobody wants bias only balance. All sides should have their story told it is the only way people will understand the tit for tat war that broke out in the north. Thank god it is over and people can create a new history one of peace and tolerance.

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    Mute Hebridean princess
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    Mar 10th 2015, 11:30 AM

    Charles in all due respect, this problem began well before 1972. British oppression first against peaceful people. Then leading eventually to British military invasion In the 19th century.The Irish had no other option but to retaliatiate. The root of the problem is the British army had no business in Ireland. Historical evidence shows it only highlighted what Ireland feared most ;a total alienation of their God given right to have their own country as their own. Every man has a right to be free of oppression. The British involvement of last 2 world wars was about invasion and fighting back. Ireland did the same ,only problem is the men in the last 2 world wars got medals. The men of Ireland are still waiting for theirs.

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    Mute Charles McDonald
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    Mar 10th 2015, 12:19 PM

    They had a right. The north is theirs. It that not the position of our government on the matter.

    By this logic if the native Americans started killing us police and soliders it’s grand they should be gone. Kick all white skins out.

    Yes Britain conquered Ireland which was wrong but generations of them took route as Americans have so should it be looked at that they have no say no rights?

    If there was a vote on join Eire or remaim in UK tomorrow morning you can be sure the north would vote to stay in UK. So thr rights of these people must be protected as well as rights of nationalist areas

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    Mar 10th 2015, 8:48 AM

    Murder is murder,twisted logic states one murder is worse than another.It’s all wrong,we need to move on.

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