Wednesday, February 12, 2020

Stop the discrimination against British army veterans

by Dennis Hutchings
Dennis Hutchings
Case Owner 
 
 
My name is Dennis Hutchings. I served in the British Army for 26 years. Now I'm being prosecuted for a crime I did not commit because of discrimination against British veterans in Northern Ireland.
29
days to go
£6,548
pledged of £10,000 stretch target from 188 pledges
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Who am I?

My name is Dennis Hutchings.  I served in the British Army for 26 years.
I was posted to Northern Ireland during the Troubles in the early 1970’s and I did several tours there. I did my duty as did many others. Now we are the subject of repeat investigations and prosecutions.

My story 

On 15 June 1974 John Patrick Cunningham was shot and killed in NI. This was a tragic incident. I did not shoot Mr Cunningham.
I was arrested at the time and after an investigation told in writing that the Director of Public Prosecutions had directed that I would not be prosecuted. In 2011 the Historic Enquires Unit of the Police Service of Northern Ireland (PSNI) cold-case reviewed this matter and again I was told no action would be taken against me.
Then, out of the blue, on 21 April 2015 I was arrested at my home in England by police officers from Northern Ireland and taken the same day to Belfast where I was held for four days and interviewed on numerous occasions; more times, I’m told than Harold Shipman, believed to be history’s most prolific serial killer. I was then charged with Attempted Murder. I have been fighting this case ever since.
When I was arrested the then Director of Public Prosecutions in Northern Ireland was Bara McGrory, who previously had represented Martin McGuinness at the Bloody Sunday Inquiry and is stated on the Internet to have acted for Gerry Adams. Mr McGrory signed a certificate denying me a jury trial and I am to stand trial beginning on 9 March 2020.
I am not guilty of this or any crime. I dutifully served my country, am innocent, 78-years-old, suffer from ill health and, along with other veterans am the subject of a politically motivated witch-hunt.
Why we need your help
There is evidence that myself and another five veterans facing prosecution are the subject of discriminatory treatment by the criminal justice system in Northern Ireland.
While terrorists have been granted effective amnesties from prosecution, British Army veterans have been targeted in disproportionate numbers to be brought before the courts.
I am taking the following action to ensure what is happening to me does not happen to any of the other thousands of British Army veterans who served their country to protect the public from terrorism and civil unrest during the Troubles.
I have been advised by my legal team that the Government’s ongoing failure to protect veterans from unjust prosecutions in Northern Ireland is a possible breach of the Human Rights Act and should be challenged in the courts.

Please donate what you can to my campaign - every little helps - and share this page with friends and family on social media, and by email or WhatsApp.

Discrimination against veterans
During the Troubles, around 3,500 people were killed and very many more injured. Statistics show that 90% of the deaths were caused by terrorists (60% by Republican paramilitaries and 30% by Loyalists paramilitaries).  The number of state killings (by police and soldiers) stands at less than 10%.  It is incontrovertible that all paramilitary killings were criminal, while the state killings – with a handful of exceptions – were lawful.
I believe that anyone who commits an unlawful killing should face justice.  However, despite being responsible for around 2200 deaths, during the Troubles, all of which were unlawful, only a handful of IRA terrorists have been prosecuted since the Northern Ireland peace agreement in 1998.
Disproportionately, six British soldiers, including me, are now facing prosecution.  In fact, research indicates that veterans are 54x more likely to be prosecuted in Northern Ireland than IRA terrorists.  These number don’t add up and it is clear that veterans are being subject to discriminatory treatment.
This imbalance is due in the large part to a secret administrative programme which was run by the British Government between 2000 and 2014.  Because of it, at least 187 Republicans who feared prison for suspected terrorist offences received effective amnesties from prosecution under the now infamous ‘on-the-run’ scheme.  As a veteran, I don’t want an amnesty, not least because I’ve done nothing wrong.  I just want fair treatment.

What can we do
The British Government has promised to enact legislation by 18 April 2020 which will deal with Northern Ireland’s legacy issues, including how to address investigations and prosecutions of Troubles related incidents.  With only months to go, the draft bill, as currently written, still fails to provide any protection to veterans.
My legal team, led by barrister Dr. Austen Morgan, have written a Letter-Before-Action to the Secretary of State for Northern Ireland calling on the British Government to make good on its election promises to give “veterans who served in the Troubles … the protection they deserve” and announce exactly what protections, come April, veterans will be given from unjust prosecutions.  We have given the Government 14 days to respond.
Should the British Government fail or refuse to commit to adequate protections then we may apply to the courts to compel the government to review its decision.
While a decision may not come in time to help me, I hope that this action will help all those other veterans who are currently wondering whether the next knock will be on their door.

How you can help
At this stage, it is impossible to know the final costs of any legal action.  We hope that the Government will see sense and that going to court will not be necessary.  I also hope that, should we need to proceed, the Ministry of Defence will also agree to cover my costs as part of its obligations to me as a veteran.  However, if the MOD refuses to support me and I have to go it alone, I will need to cover my own legal costs as well set aside funds to cover the government’s costs should the courts rule against me.
In the meantime, I need to raise £10,000 to cover current costs and to fund:
  • Counsel’s continued advice and representation;
  • The making of ongoing representations to the Government to seek a resolution;
  • Further investigations and gathering of evidence;
  • Representations to the MOD to secure funding for continuing legal action.
I am represented by solicitors McCue & Partners LLP and barrister Dr. Austen Morgan who was counsel to the Parliamentary Inquiry into the IRA ‘On-The-Runs’ scandal.  I am represented in the criminal proceedings by Devonshires Solicitors LLP in England and MTB Solicitors in Belfast.

Thank for for your support!

https://www.crowdjustice.com/case/justice4veterans/?fbclid=IwAR0OoU6cdK0JKbcS5V4Rs2znBI-FoKqIzJ2pKAcXrc1LZ1hkFjUYommechw 

1 comment:

Anonymous said...

I've just donated £5. Its disgraceful what is happening to our armed forces heroes.

  NWN:  For those that don't want to pay to access the BELFAST TELEGRAPH article in our story before this one.