Former soldier refused anonymity

(An edited version of this piece was published in the Sunday World 26th April 2015)

A judge at Omagh Magistrates Court has refused to grant anonymity to a former soldier who appeared yesterday charged with the attempted murder of a learning disable man in 1974. The victim, John Patrick Cunningham, was killed in controversial circumstances by an army patrol near Benburb, Co Tyrone.

The accused, Dennis Hutchings, appeared in the dock, flanked by a single police officer. The 73 year old accused did not speak except to confirm his identity and that he understood the charge. Hutchings was grey-haired, strongly built, wearing black-framed glasses and a body-warmer.

A police officer said he could connect the accused to the charge. A prosecution lawyer said he had no objection to bail. Judge Nigel Broderick granted bail, on Hutchings’ own surety of £500.

Defence lawyer Stephen Clarke applied for reporting restrictions to prevent any details that could identify the defendant being published. He said this was because of Hutchings’ rights under Article 2 of the Human Rights Act. The lawyer said this was “given the nature of the offence, and the emotive nature of the incident.” He would seek a risk assessment from police.

A prosecution lawyer objected. “Justice in this jurisdiction is open,” he said.

The Judge asked the prosecution if there was any “evidence that there is a real and immediate risk to the defendant’s life.” The prosecution lawyer said there was not.

Judge Broderick refused the defence application. “The media should be able to report details of criminal offences,” he said. “There must be a real and immediate risk to the defendant’s life.”

He remanded Hutchings, of New Road, Cawsand Torpoint, Cornwall, to Dungannon Magistrates Court on June 6^th. He excused the defendant from attending.