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22 - 25 JANUARY 2001
This was the first week that the BSI heard evidence from one of the injured, Damien Donaghy. Mr Donaghy was told that the soldiers who fired from the Abbey Taxis building are not alleging that he threw a nail bomb.
The legal team representing NICRA said that they are currently investigating who arranged for statements to be taken from civilians in 1972.
The Tribunal also heard evidence about events in Rossville Street, the Rossville Flats car park, Glenfada Park and at Free Derry Corner. Some witnesses spoke of firing from the City Walls.
A full transcript of proceedings is available at http://www.bloody-sunday-inquiry.org.uk
1
BERNARD SMITH’S EVIDENCE
1.1
QUESTIONS ASKED ON BEHALF OF THE TRIBUNAL
1.1.1
William Street
Mr Smith was standing in the laundry waste ground when he saw a man, whom he later found out to be John Johnston, fall. He places Mr Johnston closer to Kells Walk than most of the other witnesses and said that he does not think he is mistaken.
Mr Smith went back to his flat and saw people standing behind a tin sheet near to barrier 14. He threw stones at the soldiers from behind the tin sheet.
1.1.2 Rossville flats car park
Mr Smith ran down Chamberlain Street into the Rossville Flats car park. He did not see any soldiers in the car park at this time. He lay behind a wall and described hearing constant shooting, which he thought sounded like an automatic weapon. He was not familiar with the sound of automatic weapons at the time but he said this shooting was repetitive. He thinks that he lay behind the wall for about 20 minutes until the shooting stopped.
1.1.3
City Walls
Mr Smith ran between blocks 2 and 3 of the Rossville flats. He could hear shooting which he believed came from the city walls. He ran across Fahan Street towards St Columbs Wells.
1.2
QUESTIONS ASKED ON BEHALF OF THE SOLDIERS
1.1.1
Kells Walk/Columbcille Court
Mr Smith was told later that the man he had seen fall was John Johnson. He places the man as falling on the road that runs between Columbcille Court and the laundry waste ground. He thinks that Father Bradley was close to the man.
1.1.2
Barrier 14
Mr Smith recognised himself in a photograph of men behind the tin sheet at barrier 14.
1.1.3
Rossville flats car park
He could hear rapid gunfire and agreed that it sounded like an automatic weapon or a machine gun.
2
JOHN McLOUGHLIN’S EVIDENCE
Mr McLoughlin had served in the Royal Engineers before Bloody Sunday. He served in England, Singapore, Hong Kong, Japan and Korea.
2.1
QUESTIONS ON BEHALF OF THE TRIBUNAL
2.1.1
Barrier 14
Mr McLoughlin said that he was very close to the front of the march and estimated there were four or six lines of people in front of him. When the march reached the barrier, the stewards, who had been walking at the sides of the march, moved to the front and began talking to the soldiers. The soldiers told the stewards there was no chance that the march would be allowed through and the stewards tried to get people to move back up William Street. Mr McLoughlin said that some people remained. Mr McLoughlin did not see any attempts to pull the barrier back.
2.1.2 Barrier 12
Mr McLoughlin said at the time the barrier was lifted there were only three or four photographers in the area. He did not see anyone throwing stones when the Army entered.
2.1.3
Rossville Street and the rubble barricade
Mr McLoughlin saw the back doors of two APCs open. He could hear orders being given and recalls words to the effect of ‘take up positions and identify targets and fire.’
Mr McLoughlin specifically recalls one soldier who rested his rifle on an electricity box near to Kells Walk. He recalls hearing high velocity shots. He thinks that the people behind the rubble barricade dispersed before the firing took place. His recollection is that at the time that firing took place there was virtually nobody at the barricade.
2.1.4
Columbcille Court
Mr McLoughlin ran to a house in Columbcille Court and recalls seeing Damien Donaghy and John Johnson. He saw a soldier leaning against the wall of a house. Mr McLoughlin asked the soldier if he could get an ambulance and said that the wounded men might bleed to death. The soldier told him to go inside or ‘I’ll blow your fucking brains out.’
Mr McLoughlin went back outside the house a second time. He was with Father McLoughlin who had been asked by John Gormley to give the Last Rites to other injured people.
Mr McLoughlin also recalls that at a later stage in the day seeing John Gormley amongst a group of men who were being marched through an alley past Kells Walk.
2.2
QUESTIONS ON BEHALF OF THE FAMILIES AND THE WOUNDED
2.1.1
Rossville Street
Mr McLoughlin said that when he heard the orders to fire he could not see any targets. He could see people at Free Derry Corner with their backs to the firing. He did not hear any shots before the high velocity shots from the soldiers.
2.2
QUESTIONS ON BEHALF OF THE SOLDIERS
2.2.1
Rossville Street
Mr McLoughlin did not see soldiers firing from the backs of APCs. At the time he heard the officer shouting the order, there was no one on the Rossville Street barricade or on the rubble barricade. The only people he could see where at Free Derry Corner. Mr McLoughlin said that it is not possible that what he actually heard was ‘do not shoot unless you identify a target.’
Mr McLoughlin could not understand why the officer should say ‘identify your targets.’ He did not look on top of the Rossville flats.
2.2.2
Columbcille Court
Mr McLoughlin said that the injured people were already in the house when he went inside.
He saw John Gormley being frogmarched but he did not see the actual arrest.
3
ANTHONY FEENEY’S EVIDENCE
3.1
QUESTIONS ON BEHALF OF THE TRIBUNAL
3.1.1
Stewarding
Mr Feeney was a steward at the march. He cannot remember exactly who had asked him to be a steward but knows that the person was part of the Civil Rights Association (CRA). Charlie Morrison of the Derry CRA was in charge of stewarding. Mr Feeney recalls being asked to meet at the Creggan shops and being given an armband to show he was a steward. The stewards on the march told him that the march was to end up at Free Derry Corner. He did not know the route of the march.
3.1.2
Barrier 14
Mr Feeney saw five or six stewards trying to get marchers to turn right at Rossville Street and go to Free Derry Corner. He forced his way up to barrier 14. The rioting had got out of control and there was nothing he could do to stop it. Mr Feeney was struck in the back with a jet of water and decided to leave as quickly as possible.
3.1.3
William Street
Mr Feeney stood on the laundry waste ground on William Street. He heard noises of stones and rubber bullets which appeared to be coming from barrier 14. Mr Feeney could see soldiers on the roof of the Presbyterian Church. He did not hear any shots before the shots that hit Damien Donaghy and John Johnson.
Mr Feeney ran away from the area in a panic and ran towards south of block 2 of the Rossville Flats.
3.2
QUESTIONS ON BEHALF OF THE SOLDIERS
3.2.1
Barrier 14
Mr Feeney said by the time he reached barrier 14, the riot was too far gone to stop. He was told afterwards that an attempt was made by the stewards to get to the Guildhall. As far as he was aware, there was no meeting held for the stewards.
Mr Feeney did not see a gunman on Bloody Sunday. He agreed that it is possible that gunmen might have used riots as cover.
4
THOMAS COLUMBA DOHERTY’S EVIDENCE
Thomas Doherty was a schoolteacher who had taken statements from civilians after Bloody Sunday.
4.1
QUESTIONS ON BEHALF OF THE TRIBUNAL
4.1.1
William Street
Mr Doherty saw a young boy aged between 12 and 13 years, throw a pebble at a soldier in the vicinity of the GPO roof. He saw the soldier stand up and point his gun at the boy. Somebody stopped the boy from throwing stones and the soldier put his head back down.
Mr Doherty became aware of shouts and commotion further up William Street. He heard two high velocity rifle shots and said that word went around that two people had been shot.
4.1.2
Gunman
Mr Doherty saw a man coming out of the doorway of a house at the northern end of Kells Walk, which faced onto Rossville Street. He could see the barrel of a gun and the man was accosted by a group of men. Mr Doherty heard people saying that there was ‘to be no shooting today.’
There is only one doorway of Kells Walk which faces onto Rossville Street and that is blocked up. However the Kells Walk staircase opens onto Rossville Street. Mr Clarke suggested that the gunman might have been closer to Mrs Shiels’ house. Mr Doherty disagreed with this. He said he was about 20 to 30 yards from the gunman.
4.1.3
Rossville Street and the City Walls
Mr Doherty saw some young lads at the rubble barricade. He said that they were standing around and he thought that they looked as if they were waiting for stone throwing.
Mr Doherty heard six or seven high velocity shots and said that he is absolutely certain that they came from the City Walls. His and other people’s reaction to the gunfire suggested that it was coming from the direction of the City Walls.
He reached Free Derry Corner at about 4:15 or 4:20pm. He recalls the lorry being prepared for the speeches. He was aware of an APC having pulled up in front of the Rossville Street. People were taking cover but he was not conscious of gunfire.
As Mr Doherty ran to Westland Street, he looked up Rossville Street and could see two or three APCs.
4.1.4
Westland Street
Mr Doherty saw people taking cover behind the walls around the maisonettes near the junction of Lecky Road and Westland Street. He thinks people were taking cover from Rossville Street and Fahan Street.
4.1.5 1972 Statements
Mr Doherty took statements in a school in Francis Street. He does not recall who organised the statement taking. He was not given any instructions on how to take a statement. When he took a statement, he would write down in his own hand whatever the witness said. He remembers dictating his own evidence to a fellow teacher.
4.1.6
1972 evidence about Glenfada Park
Mr Doherty recalls that when he took statements in 1972, four or five different people had spoken of a young man shot in the Glenfada Park area. Mr Doherty said that the overriding impression he got from their accounts was that the boy had been moving backwards towards a wall and had raised his hands and feet to protect himself from a soldier who was moving towards him and came over and shot him.
The day after taking the statements, Mr Doherty went to the area with other teachers and some of the witnesses. He recalls seeing a bullet hole at about waist height. He cannot recall the exact location.
4.2
QUESTIONS ON BEHALF OF THE FAMILIES AND WOUNDED
4.1.1
1972 evidence about Glenfada Park
Mr Doherty does not recall the names of the witnesses who he took statements from. He said that he would have signed their statements. He was shown a photograph of the bullet holes in the walls of Glenfada Park North. He recalls that the bullet hole he saw was similar to these.
4.2
QUESTIONS ON BEHALF OF THE SOLDIERS
4.2.1
CS Gas canister
Mr Doherty did not see any gas being thrown back at the troops. He did not have a conversation with any pupil about throwing gas at the soldiers.
4.2.2
1972 statement
Mr Doherty said that he did not see the typewritten version of his 1972 statement until recently. He agreed that he never had the opportunity to check whether the typed version was the same as his handwritten statement. (Both versions were available at the BSI and it was not suggested there is any difference between the two.) He agreed that this would have been the case for the other civilian witnesses.
Mr Doherty was asked why he had written that ‘the 13 people who died were massacred by British Army paratroopers’ when he had not seen anyone shot. He said that the basis for taking statements was not very clear. His thinks his comment was in relation to what he had heard from others. At the time people were writing what they believed to be the case. He explained that there was a lot of anger and frustration at the time of Bloody Sunday.
Mr Doherty did not mention seeing the gunman at Kells Walk in his 1972 statement. He said that at the time, he was not aware of any allegation that there were guns in the Bogside. Mr Doherty said that there had not been any instruction for statement takers not to mention civilian gunmen.
4.2.3
1972 evidence about Glenfada Park
Mr Doherty agreed that if the young man who had been backing away from a soldier and raised his hands and feet to protect himself when he had been shot then he would have been facing the soldier when he was killed.
5
HUGH HEGGARTY’S EVIDENCE
Mr Heggarty is the first witness who distinguishes between a riot and a march situation and at various times had been involved in both. Mr Mansfield asked that if the soldiers’ lawyers have any evidence that suggests that a march could be used by snipers then it should be put to Mr Heggarty for him to comment on. The soldiers’ lawyers did not put any evidence of that type to Mr Heggarty.
5.1
QUESTIONS ON BEHALF OF THE TRIBUNAL
5.1.1
William Street and the Rossville Flats
Mr Heggarty said that he was helping the stewards to get the crowd down Rossville Street. He heard noise and a couple of bangs which he thought were gas canisters or rubber bullets. He looked away and was hit in the face by a gas canister.
The next thing that Mr Heggarty remembers is waking up in a flat in the Rossville Flats. He thinks that Dr McCabe may have attended him. He said that there were about three or four people in the flat as well as the doctor and a priest.
Mr Heggarty could hear shooting outside and thought that the noise was of several guns firing. One of the people inside the flat said that there was a gun battle going on outside. His said that he understood that comment to mean the IRA were engaging the soldiers. In his statement he said that this surprised him because it was not the IRA’s normal practice to get involved in any shoot out when there was a big crowd around.
5.1.2 Letterkenny Hospital
Mr Heggarty was badly injured in the face and also had burns to his ankle. He does not know whether the CS gas canister had hit his ankle. The day after Bloody Sunday he was taken to Letterkenny Hospital.
5.1.3 IRA
use of a riot
Mr Heggarty had never witnessed a situation when the IRA had been involved in a shoot out when there was a big crowd around.
He said that, during a riot, he had witnessed rioters dropping back for a sniper to shoot a soldier. This would take place at the junction of William Street and Rossville Street. When he had taken part in riots in the past, he had drawn back for an IRA sniper.
Mr Heggarty heard from talk in the area that the IRA had an M1 Carbine, machine guns and pistols.
5.2 QUESTIONS ON BEHALF OF THE FAMILIES
5.2.1 Distinction between riots and marches
Mr Heggarty said that it was not the IRAs normal practise to get involved in any shoot out with soldiers when a big crowd was around. The IRA would only use the crowd for cover in a riot situation. They would not use the crowd for cover in a march situation.
5. 3
QUESTIONS ON BEHALF OF THE SOLDIERS
5.3.1 Barrier 14
Mr Heggarty agreed that the crowd wanted to get at the soldiers. He agreed that some of them most likely would have killed a soldier.
5.3.2 IRA
and rioting
Mr Heggarty did not agree that the rioters were ‘the willing agents of gunmen.’ He never saw young people pretend to be armed. He had never seen the Army shoot through the crowd when he had rioted.
5.3.3
Letterkenny Hospital
After he was injured Mr Heggarty lost consciousness. He recalls waking up in a flat and being driven to Letterkenny hospital. He was seriously injured and lost most of the bottom row of his teeth. He cannot recall whether he was operated on. Mr Heggarty has given the BSI permission to check his medical records to see whether he was operated on. He would not name the person who drove him to hospital.
Mr Heggarty was only aware of Letterkenny and Altnagelvin hospitals. He did not know there was a hospital in Cardonnagh.
6
VERONICA COYLE’S EVIDENCE
6.1
QUESTIONS ON BEHALF OF THE TRIBUNAL
6.1.1
William Street
Ms Coyle was with her sister, who was a Knight of Malta, on the march. She saw an old person who had fainted carried into a flat in Kells Walk. She waited outside the flat.
Ms Coyle saw Damien Donaghy fall. She can only give an estimate of the location he was in when he fell. She cannot recall if she heard more than one shot but recalls seeing him jerk and his leg giving way.
6.1.2
Abbey Park/Glenfada Park
Ms Coyle crouched in Abbey Park by a garden wall next to the southwest alley running into Glenfada Park North. She said that a man was crouched on the opposite side of the alleyway. Ms Coyle said that there must have been shooting at the time because she was in a crouched position.
6.1.3
Free Derry Corner
Ms Coyle was at Free Derry Corner when she heard Bernadette Devlin telling people to stand their ground. She heard more shots and ran behind a wooden fence. She was aware of bullets flying around and people running. She could not tell which direction the bullets were coming from or going to.
6.2
QUESTIONS ON BEHALF OF THE SOLDIERS
6.2.1
Abbey Park/Glenfada Park
Ms Coyle is clear that she was crouched by the alley that runs from Abbey Park into Glenfada Park North. She thinks there must have been shooting before she got to Free Derry Corner.
7
COLUMBA DOHERTY’S EVIDENCE
7.1
QUESTIONS ON BEHALF OF THE TRIBUNAL
7.1.1
William Street
Mr Doherty was on the Abbey Street waste ground on William Street. He heard a single, sharp crack of gunfire. He recalls hearing Mr Donaghy shout that he had been shot. He only had a limited view of Mr Donaghy. He did not see any stone throwing before the shooting.
He could hear noises from the junction of William Street and Rossville Street. He then heard the crack of a second live round but cannot say whether it was a matter of minutes or seconds later.
7.1.2
Columbcille Court
Mr Doherty recalls chatting to a group of people in Columbcille Court. He remembers seeing Gerard McKinney in this area. Word spread through the crowd that the Army were coming and Mr Doherty ran towards Free Derry Corner. He heard shots going over his head. The shooting lasted for a few minutes and he ran to Joseph’s Place. He stood at Joseph Place for a few minutes and the firing started again.
8
JOHN PATRICK LONG’S EVIDENCE
8.1
QUESTIONS ON BEHALF OF THE TRIBUNAL
8.1.2
John Johnston
Mr Long had turned down Rossville Street when he noticed John Johnston standing against a parapet near to the garages behind Kells Walk. He does not know whether Mr Johnston had been carried there. He noticed blood coming from both Mr Johnston’s wounds. There was no one around Mr Johnston at the time.
Mr Long saw a young man lying on an old spring mattress nearby. He said that the man had a wound to his leg.
Mr Long found a doctor and took him to the injured men.
8.1.3
Glenfada Park area
Mr Long ran down Rossville Street and ended up in the vicinity of Glenfada Park. He stayed in this area for about half an hour. He did not hear any shooting but a boy, hiding behind the slats told him to keep his head down as there was shooting from the walls. Mr Long said that the boy would have had a clear view to Joseph Place.
Mr Long was about 25 to 30 feet from the barricade when he saw a soldier grab a man who appeared to be drunk.
8.2
QUESTIONS ON BEHALF OF NICRA
8.2.2
Barrier 14
Mr Long said that he saw about 100 people at the junction of Rossville Street and Chamberlain Street. Some people were throwing stones at the soldiers but more were just talking. Mr Long said that CS gas was used before the soldiers entered. He saw the soldiers climb over the barricades.
8.3
QUESTIONS ON BEHALF OF THE SOLDIERS
8.3.2
Barrier 14
Mr Long estimated that there were 100 people by the barrier before the soldiers entered.
9
CHARLES JOSEPH McCAFFERTY’S EVIDENCE
9.1
QUESTIONS ON BEHALF OF THE TRIBUNAL
9.1.2
Barrier 14
Mr McCafferty owned the Lion Bar in William Street. He said that he was used to stone throwing because it would take place every week near to the Lion Bar. Mr McCafferty said that it would last for a while and then would stop. The Army used to commandeer premises on the opposite side of the road from the Lion Bar.
On Bloody Sunday, he noticed the Army were in premises opposite the Lion Bar. He was concerned that the Bar would be commandeered by the Army and went through barrier 14 to speak to an officer who he believes to be Colonel Wilford.
Mr McCafferty said that he told the officer that the stone throwing would be over in 20 minutes. He said that the officer said ‘we’re going in.’
Mr McCafferty said that a soldier got hold of him as if to hit him. Another soldier, who Mr McCafferty thinks is Colonel Wilford, told him to go back to the Lion Bar because there would be trouble.
He saw about 12 soldiers go through the barrier. Mr McCafferty said that ten minutes later, the Army vehicles went through.
9.1.3
Shooting
When he was inside the Lion Bar, Mr McCafferty could hear high velocity shots from the Rossville Street and Chamberlain Street areas. He thought the shooting was automatic fire but was too slow to be a machine gun.
9.2
QUESTIONS ON BEHALF OF THE FAMILIES AND THE WOUNDED
9.2.1
Barrier 14
Mr McCafferty said that when he first spoke with the officer, the marchers had not reached the barricade. He was shown a video of General Ford and thinks that he may have been the officer he had spoken to, although he was wearing a different hat.
9.3
QUESTIONS ON BEHALF OF THE SOLDIERS
9.3.2
Barrier 14
When Mr McCafferty walked back through barrier 14 after speaking to the officer, a few soldiers were already going in. He thinks he may have stopped to talk to people on the way back.
10
THOMAS MULLARKEY’S EVIDENCE
10.1
QUESTIONS ON BEHALF OF THE TRIBUNAL
10.1.2
William Street
Mr Mullarkey was about 150 metres from the front of the march. He saw a group of teenagers moving back and forth along William Street. He saw boys throwing stones at a derelict building on William Street. He said that the whole area was crowded at the time. He did not see any boys on the waste ground.
Mr Mullarkey saw the muzzle of a rifle poke out from the ground floor window of the derelict house, facing onto William Street. He heard the report of a gun and saw a youth fall to the ground. Mr Mullarkey recalls seeing plaster dust fire from the corner of the Nook Bar. He can no recall how many shots he heard.
The crowd were still trying to push down towards the barrier in William Street. They filled the street from the waste ground to the barrier. Mr Mullarkey does not think many in the crowd were aware that there had been a shooting. Shortly afterwards the CS gas came across and the crowd began to break up.
10.1.3
Rossville Street
Mr Mullarkey made his way towards Free Derry Corner. He saw APCs travelling into Rossville Street at speed and then saw soldiers jumping out. He was shocked because the soldiers started firing immediately. He saw people being grabbed. When he was running through the rubble barricade, he suddenly became aware that the soldiers were shooting live rounds.
10.1.4
City Walls
Mr Mullarkey reached Lisfannon Park when there was a lull in the shooting. He saw soldiers on the city walls, sighting their rifles. Mr Mullarkey saw at least three puffs of smoke from the mouths of rifles. He said that it was a very bright day and he did not notice muzzle flashes.
He heard shots which sounded like they were coming from a heavier calibre weapon than the rifle shots he had heard earlier. Eventually the heavy firing died down and he left Lisfannon Park and walked towards the Little Diamond.
He did not hear a machine gun on Bloody Sunday.
10.1.5
Fahan Street West
As Mr Mullarkey walked towards the Little Diamond he saw a Volkswagen pick up truck, somewhere in the area of Fahan Street West. Three or four men got out of the truck rapidly, almost before the truck had stopped. Mr Mullarkey saw the men pull back the tarpaulin and saw the men handing guns to a huddle of people standing around it.
10.1.6
Sunday Times archive
Mr Mullarkey walked around the Bogside with Vincent Browne who introduced him to a journalist from the Sunday Times Insight team. The journalist produced a draft statement of Mr Mullarkey’s account which he amended and signed.
He said that if the 1972 account said that he heard what sounded like a Thompson submachine gun then it must have been clear in his mind at the time.
His 1972 statement refers to him moving along Fahan Street West when the shooting broke out and seeing a man beside him shot in the head. He cannot now recall where that was.
10.2
QUESTIONS ON BEHALF OF THE FAMILIES AND THE WOUNDED
10.1.1
Rossville Street
Mr Mullarkey’s attention was drawn to the soldiers disembarking in the Eden Place waste ground. He could see shots being fired by the soldiers. He was not aware of firing from any other direction at that time. The soldiers had levelled their guns and were firing. It struck him that the fire he heard was not high velocity fire.
10.2.2 Michael Quinn
Mr Mullarkey was shown a photograph of Michael Quinn but he does not recognise him as the man who was shot in the head.
10.2
QUESTIONS ON BEHALF OF THE SOLDIERS
10.2.1
1972 Derry
Mr Mullarkey agreed that in 1972 much of the property on William Street was damaged.
10.2.2
Memory and statements
Mr Mullarkey said that there are certain instances that he can remember very distinctly. He said that his BSI statement was taken under very different circumstances to the account given in 1972. He could harden up his memory under specific, detailed questioning.
His 1972 statement says he heard four or five rifle shots in William Street and what sounded like a revolver shot. (Mr Mullarkey had been a member of his university rifle club and was familiar with guns.) He said that if he reported it in his 1972 statement he would have heard it at the time.
10.2.3
Rossville Street and waste ground
Mr Mullarkey said that he did not see the soldiers trying to arrest anyone on the waste ground. The soldiers fired before they got into any fixed firing position. Some of the soldiers were lying down, others were firing on the move.
10.2.4
Volkswagen pick up truck
Mr Mullarkey cannot recall the colour of the truck. He does not recall any other van of any significance. He did not see a van ferrying people back and forth to the Creggan.
10.3.6 City Walls
Mr Mullarkey can remember firing from the walls and firing in Fahan Street West. He cannot say that the firing in Fahan Street West was coming from the city walls. He emphasised there was fire from the walls but he does not know where that fire was directed.
11
CHARLES McGILL’S EVIDENCE
Mr McGill made his first statement to the BSI in June 1999. During that interview he mentioned three matters which he did not want incorporated in his statement. Eversheds Solicitors made a note of his ‘off the record’ evidence.
Mr McGill has made a supplementary statement to the BSI which includes all of these matters. Lord Gifford asked if Eversheds had made any other notes about witnesses when they gave a statement. Lord Saville refused his request to have access to interview notes and said that witnesses are now told that anything they say to Eversheds cannot be treated as ‘off the record.’
11.1
QUESTIONS ON BEHALF OF THE TRIBUNAL
11.1.1
William Street
Mr McGill heard three high velocity shots in William Street. He heard a boy shout and also saw John Johnston staggering and heard him say that he had been hit. Mr McGill and Mickey McGuinness took John Johnston to Mrs Shiels’ house. He saw Gerry McKinney in this area.
11.1.2
Rossville Street
As the soldiers ran along the walls by the Kells Walk flats, they were firing their rifles from the hip. He said that he did not see anyone actually shooting but could hear shots.
11.1.3
Glenfada Park South/rubble barricade
Mr McGill got to the northeast part of Glenfada Park South and looked up Rossville Street. He could see two bodies on the barricade and he recognised one as Alex Nash.
11.1.4
Lisfannon Park
Mr McGill recalls seeing Father McLoughlin near some houses in Lisfannon Park. The priest was saying that there was an injured boy that he could not get out of the house.
11.1.5
Supplementary statement
Mr McGill made a supplementary statement to the BSI which incorporated the evidence that he had given ‘off the record’ in his first interview. He had not been aware that Eversheds were making notes of his ‘off the record’ statements when he was first interviewed. He made a supplementary statement because he thought the Tribunal should have a full account.
Mr McGill said that, after the shooting had finished, he saw a man with a rifle in Abbey Park. Mr McGill said that he was with three or four people when he saw this man. The man disappeared. Mr McGill thinks he may have been a member of the Official IRA because he knew the Provisionals would be nowhere near the march.
Mr McGill said that long after the shooting was over, he saw three young men who appeared to be panicking. They were carrying a tray with ten nail bombs in the same area that he had seen the man with the rifle. He thinks they were also members of the Official IRA.
At about 5:30pm, Mr McGill saw three cars going along Eastway. He could see guns through the window. Some women were cheering the cars.
11.2
QUESTIONS ON BEHALF OF THE FAMILIES AND THE WOUNDED
11.2.1
Rubble barricade
Alex Nash was waving his left arm in the air and lying on his front at the barricade. Mr McGill said that it looked as if he was looking for help. There was no shooting at the barricade at this point.
11.3
QUESTIONS ON BEHALF OF THE SOLDIERS
11.3.1
1972 statement
Mr McGill was not asked direct questions when he gave a statement in 1972. He had simply been asked who he had seen shot.
11.3.2
Supplementary statement
Mr McGill said that he had made his ‘off the record’ comments because he did not want to detract from the events of Bloody Sunday. He said he had kept the three extra pieces of evidence to himself for the last 28 years.
He did not see any soldiers at the time he saw the nail bombs. He agreed that the nail bombs were carried on what looked like an upturned biscuit tin lid. He agreed that other people could have seen the car with guns.
Mr McGill’s supplementary statement originally said that he had seen the man with the gun and the boys with the nail bombs in Glenfada Park. He had amended this to Abbey Park. Mr McGill said that it was definitely Glenfada Park rather than Abbey Park. He denied that he was trying to remove issues from Glenfada Park.
12 MAUREEN DOHERTY’S EVIDENCE
Maureen Doherty worked at Altnagelvin Hospital and had got to know two RMP officers. The soldiers’ lawyers said that they are not alleging that Mrs Doherty is making up her evidence. They say that if she did receive a warning, it was not from the officer that she has identified.
12.1
QUESTIONS ON BEHALF OF THE TRIBUNAL
12.1.1
Warning
Mrs Doherty said that she had seen the two officers in the canteen at Altnagelvin. The more senior officer told her not to go to the march. Mrs Doherty said that she told her husband about the warning and their children were not allowed to go on the march.
Mrs Doherty has provided surnames of the officers to the Tribunal. Both correspond with soldiers who were in the RMP.
12.2
QUESTIONS ON BEHALF OF THE SOLDIERS
12.1
Warning
Officer 223 is currently represented and the BSI is still waiting for his statement. Officer 222 is not represented at the BSI.
Mrs Doherty said that she knew both officers well. She thinks Officer 223 was in his 50s at the time of Bloody Sunday. Mr Lawson said that Officer 223 was 36 years old at the time. He suggested that if Mrs Doherty did have a conversation with a member of the RMP then it was not Officer 223.
Officer 223 did use the canteen facilities at Altnagelvin hospital. He has said that he did not speak to Mrs Doherty.
13
DAMIEN DONAGHY’S EVIDENCE
Mr Donaghy began his evidence with a statement saying that he did throw stones on Bloody Sunday but he did not have a nail bomb or anything else in his hand when he was shot.
13.1
QUESTIONS ON BEHALF OF THE TRIBUNAL
13.1.1
William Street
Mr Donaghy was with five or six lads, who were throwing stones and bottles towards the Abbey Taxi building. He does not remember Sean O’Neill being there. He saw soldiers on the flat roof of the GPO and in the Abbey Taxis building.
He thinks the vast majority of the march had already passed at the time he was throwing stones. He threw stones from a small wall on the same side of the street at the Abbey Taxis building. The soldiers were shouting ‘Irish bastards’ and ‘Fenian bastards.’ Mr Donaghy said that the boys were shouting abuse back.
Mr Donaghy crossed William Street and went into the laundry waste ground. He had decided to go to his cousin’s house in Garvan Place. He had a couple of stones in his hand which he dropped. He heard two rubber bullets being fired from the direction of Abbey Taxis. One of the rubber bullets ricocheted off the gable wall of a building on the northeast side of the laundry waste ground. Mr Donaghy saw the rubber bullet out of the corner of his eye and instinctively turned to collect it. He was about three or four feet from the bullet when he first saw it but it ricocheted to 20 or 30 feet away from him. The bullet then entered Mr Donaghy’s right thigh, breaking his femur.
Mr Donaghy knows that John McGee and Michael Deakin picked him up. He cannot recall whether he was put down as they carried him to Columbcille Court. He remembers Johnny Lafferty, the Knight of Malta. He recalls being driven to Altnagelvin Hospital by Father Carolan.
Mr Donaghy said that he was afraid that if he had admitted to throwing stones, he could have been arrested. He also did not want to give the soldiers’ any credibility for shooting him.
13.1.2
Comments on evidence from other witnesses
Mr Donaghy was asked to comment on the evidence and statements of other witnesses to his shooting.
Soldier A said that nail bombs were thrown at the Abbey Taxis building. He described the nail bomber as 5 feet 7 inches tall with fair hair, wearing a blue windcheater. Mr Donaghy said that no nail bombs were thrown. The only bangs he heard on William Street were the sound of the rubber bullets. Mr Donaghy is 5 feet 6 inches tall and had black, curly hair. Photographs from the day show that he was wearing a cream coloured jacket. Mr Donaghy said that no-one was pretending to throw a nail bomb.
Mr Donaghy said that the witnesses who think that he was shot at the gable end of Nooks Bar must be mistaken.
He was not wearing motorcycle goggles on the day. He had rioted once or twice before but would not describe himself as a ‘regular rioter.’ He does not recall giving the Sunday Times team an interview at Altnagelvin.
Mr Donaghy did not see the incident described in Sean O’Neill’s statement of an empty bottle being thrown at the soldiers.
13.2
QUESTIONS ON BEHALF OF THE SOLDIERS
Mr Glasgow represents the two soldiers who have admitted firing from the Abbey Taxis building. The soldiers are not suggesting that Mr Donaghy threw a nail bomb when he was shot. They are suggesting that either he or someone close to him led the soldiers to believe they were about to throw a nail bomb.
13.2.1
William Street
Mr Donaghy said that he is absolutely certain he was not on the corner of the Nooks Bar when he was shot. He did not see any man shot on that corner. He did not see any stones thrown towards the Presbyterian Church.
Mr Donaghy was asked to comment on Sean O’Neill’s statement. Mr Donaghy said that he had rioted on a couple of occasions before Bloody Sunday. Mr O’Neill was not a close friend of his. He had seen him at some point on the march but they had become separated. He did not see Mr O’Neill carrying two CS gas canisters. He thinks he would have seen someone crawling along the wall directly in front of the Abbey Taxis building.
He told people he had not been throwing stones.
13.2.2
Sunday Times interview
Mr Donaghy said that he did not recall being interviewed by the Sunday Times. He said that the notes of the interview contained mistakes.
13.2.3
Other riots
Mr Donaghy did not know about any incidents when rioters may have provided cover for gunmen. He did not know about rioters pretending to provide cover or pretending to light a bomb. It was put to him that rioters might want to kill a soldier merely because they were a soldier. Mr Donaghy is not aware of anyone wanting to kill a soldier.
13.3
FURTHER QUESTIONS ON BEHALF OF THE TRIBUNAL
13.3.1
Interviews
Mr Donaghy does not recall the annotated map which was with notes about him in the Sunday Times archive. He does not recollect an interview with Fulvio Grimaldi. He said that he gave two statements whilst he was in hospital, one to a policeman and one to Johnny O’Doherty.
In his interview with Peter Taylor he had not mentioned that he was shot when he went to collect the rubber bullet. He had however mentioned the rubber bullet in a 1972 statement to his solicitor.
14
MARY GALLAGHER’S EVIDENCE
Mary Gallagher was a 21-year-old volunteer in the Knights of Malta at the time of Bloody Sunday.
14.1
QUESTIONS ON BEHALF OF THE TRIBUNAL
14.1.1
First Aid Posts
Ms Gallagher did not know about the First Aid Posts set up at St Francis and St Mary’s schools.
14.1.2
Rossville Street
When Ms Gallagher was in William Street, a man asked her and her friend, Rosemary Doyle to go to a house in Chamberlain Street. As she made her way towards Rossville Street, she could see a small crowd throwing stones at barrier 14. She heard people saying that the water cannon had been used and thinks that she saw water on the ground.
Ms Gallagher and Rosemary Doyle went into a house to treat someone who had been hit by a rubber bullet and a middle aged man with a minor injury. Then someone asked her to go and help in Columbcille Court.
Ms Gallagher said that as she went across Rossville Street to get to Columbcille Court, she saw three APCs. She said that the APCs seemed to charge at her and Rosemary Doyle. Rubber bullets were fired from the first APC.
A rubber bullet skimmed past her face and hit Rosemary Doyle on the left cheek. Ms Gallagher said that a hatch in one of the APCs opened and she heard a voice say ‘leave them, we’ll get them on the way back.’ A nurse called Robert Cadman looked at Ms Doyle’s face and neck and the three made their way to Mrs Shiels’ flat in Columbcille Court.
14.1.3
Mrs Shiels’ house
Ms Gallagher recalls seeing Johnny Lafferty of the Knights of Malta treating Damien Donaghy. She also saw Dr McClean treating a man.
14.1.4
Abbey Park
Ms Gallagher went to Abbey Park. She saw a boy being treated by Evelyn Lafferty on the steps at Abbey Park. She recalls seeing two bodies on the steps. Ms Gallagher can be seen in the photographs of the scene at the Abbey Park steps.
Mr Clarke suggested that she might be mistaken in placing the younger man in a position to the north of the older man.
14.1.5
1972 statement
There is no reference to coming across the two bodies in Abbey Park in her 1972 statement.
14.1.6
Rosemary Doyle’s account
Ms Gallagher does not recall much of Ms Doyle’s memory of events. She does not recall being with Robert Cadman in Chamberlain Street. A photograph shows what appears to be Ms Gallagher, Ms Doyle and Mr Cadman walking down Rossville Street.
14.2
QUESTIONS ON BEHALF OF THE SOLDIERS
14.2.1
Rossville Street
Ms Gallagher cannot recall being with Mr Cadman on Rossville Street. She believed that the APCs were charging at her and Ms Doyle.
14.2.2
Knights of Malta
Ms Gallagher was a volunteer in the Knights of Malta and had attended events all over Northern Ireland. She said that Captain Day asked her to be a volunteer at the march. She was told to walk alongside the marchers. Ms Gallagher was not aware of any medical posts being set up.
15
LARRY DOHERTY’S EVIDENCE
Mr Doherty was a photographer for the Derry Journal. He took about 50 photographs on Bloody Sunday.
15.1
QUESTIONS ON BEHALF OF THE TRIBUNAL
15.1.1
City Hotel press briefing
The night before Bloody Sunday, there was a press briefing held at the City Hotel by an Army press officer. There was a big influx of press into Derry who wanted to get information about the march and the route. Mr Doherty does not know whether the Army initiated the briefing. (The officer has not made a statement to the BSI.)
At the briefing, the press officer said that the press should all go in behind the Army rather than take pictures from ‘the other side,’ because the Army would be going in hard. Mr Doherty cannot recall anymore than that about the briefing. The press officer did not discourage the media being present at the march.
15.1.2
William Street
Mr Doherty climbed onto a transformer at the junction of Rossville Street and William Street to take photographs. He saw the marchers coming down William Street. The main body of the march went to Free Derry Corner. Some youths broke away. The youths carried on across the junction and went down to barrier 14.
He heard the crack of two shots above all the other noise. It did not register they were live rounds until he heard people saying that two people had been shot.
Mr Doherty moved away when he became sick because of the CS gas.
15.1.3
Mrs Shiels’ house
Mr Doherty said that he rescued Cyril Cave from the people outside Mrs Shiels’ house. He does not think that Mr Cave was being pushed because he was from the BBC, as he did not think that anyone, apart from himself would have known that. Mr Doherty was inside Mrs Shiels’ house for 30 to 45 minutes and took photographs of John Johnston and Damien Donaghy. He could hear banging which he thought was rubber bullets. He said that he was not aware of anyone in that building or close to it firing in a northerly direction.
15.1.4
Abbey Park
Mr Doherty took the photographs, which show Gerry McKinney’s body on the steps. He cannot recall seeing another body in the area, at the time he arrived. He thinks that if he had seen another body, he would have taken a photograph.
As he walked into Glenfada Park North, he thinks he saw a soldier in Columbcille Court.
15.1.5
Glenfada Park North
Mr Doherty went through the alley into Glenfada Park North and outwards towards Rossville Street. He paused at the gable end of Glenfada Park North and crossed Rossville Street with a priest.
15.1.6
Barney McGuigan
When he reached the other side of Rossville Street, Mr Doherty took photographs of Mr McGuigan’s body. The scarf had already been placed over Mr McGuigan by this time.
15.2
QUESTIONS ON BEHALF OF THE FAMILIES
15.2.1
Press briefing
Mr Doherty said that the Army press officer who gave the briefing was well known. He had seen the officer at a number of press briefings before. Mr Doherty had not made any notes at the briefing. The Army officer did not specifically mention the Paras.
16
NICRA STATEMENT
Sir Louis Blom Cooper made a statement on behalf of NICRA. He said that it has been assumed that the statements taken from civilians in 1972 were taken under the auspices of NICRA. It is known that a bundle of 400 to 500 statements were sent collectively to the Widgery Tribunal. Lawyers acting on behalf of NICRA are currently investigating who organised the taking of these statements.
Timetable proceedings
Monday 22 para 1 to 4 and para 16
Tuesday 23 para 5 to 9
Wednesday 24 para 10 to 12
Thursday 25 para 13 to 15
For Peace Justice & Human Rights
