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# BLOODY SUNDAY INQUIRY #
Week 21

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TOP 12 - 15 FEBRUARY 2001 TOP

This week, the Tribunal heard a preliminary application from five individuals who were members of the Official IRA at the time of Bloody Sunday.

Amongst the witnesses who gave evidence was Charles Glenn, the Knight of Malta who tended to Jack Duddy on the car park of the Rossville Flats.  Joseph Nicholas gave his account of how Patrick Doherty was shot and John Mitchell McLaughlin, a Sinn Fein member of the Northern Ireland Assembly also gave evidence.

A full transcript of proceedings is available at http://www.bloody-sunday-inquiry.org.uk

1.            JOSEPH NICHOLAS’S EVIDENCE

1.1             QUESTIONS ON BEHALF OF THE TRIBUNAL

1.1.1       Barrier 14

Mr Nicholas was hit in the leg by a rubber bullet at the junction of Chamberlain Street and William Street.  He had not been throwing stones at barrier 14.  He did not see any soldiers coming through the barrier.

1.1.2       Chamberlain Street

When Mr Nicholas moved up to the junction with High Street he heard two or three shots.  He said that there were quite a few people in High Street who seemed to be making their way to Chamberlain Street.

Mr Nicholas walked down Chamberlain Street.  He saw 4 or 5 paras beating an old man at the point where Harvey Street runs into Eden Place waste ground.  He said that he and other people went towards the old man to try and rescue him.  Mr Nicholas thinks there were about 20 to 30 people in the group that tried to rescue the old man.  One of the paras brought his rifle up and fired a shot.  All of the group that had been trying to rescue the man, retreated to Chamberlain Street.  Mr Nicholas said he could see where the bullet had hit the brick above the ground floor, front window of a house in Chamberlain Street.

Mr Nicholas could hear further shooting but he does not know were it was taking place.  He ran down Chamberlain Street.

1.1.3       Rossville Flats car park

When Mr Nicholas got to the car park, he could see bullets striking the façade of block 2 of the Rossville Flats.  He could see about 50 to 60 people sheltering near the wall at the gable end of Chamberlain Street.  He said that there seemed to be almost continuous firing. 

Mr Nicholas saw people gathered around the body of Jack Duddy.  He could hear Michael Bridge shouting at the soldiers.  He does not think Mr Bridge had anything in his hand.  He thinks that the soldier who was kneeling shot Mr Bridge as he was aiming at the time.  Michael Bridge was standing at about 30 feet from Mr Nicholas and he was shot in the thigh.  He had been facing the doorway of block 1 of the Rossville Flats.  All the time, gunfire was sounding.

Mr Nicholas stepped back into Chamberlain Street and bumped into a man who was holding a gun in his hand.  Mr Nicholas does not know what happened to the man.  He is not sure whether the crowd he had seen at the gable end of Chamberlain Street were still there at the time he saw the gunman but thinks that they may well have been.

People were crawling inside the low wall in front of the retaining wall which runs parallel to block 3 of the Rossville Flats.  Mr Nicholas walked along the retaining wall and heard shots hitting the wall above his head.

Mr Nicholas stood at the steps that lead to the gap in block 2 and 3.  He came across the French photographer, Gilles Peress who was lying on his stomach to the north of block 2.   Mr Peress was taking photographers of the group, including Patrick Doherty, who were crawling along the retaining wall.

Mr Nicholas started to crawl through the gaps between blocks 2 and 3.  He can be seen in one of Mr Peress’s photographs.  He said that during this time there was a lot of firing which appeared to be coming from block 1 of the flats. 

Mr Nicholas did not get the impression that Patrick Doherty had been shot at this stage.  He saw Mr Doherty crawl out of blocks 2 and 3.  He was crawling behind Mr Doherty about 10 or 12 feet away from him.

1.1.4       South of Rossville Flats

Mr Nicholas got to the southeast corner of block 2 of the Rossville flats.  He estimated that it was about 15 to 20 minutes after he had left barrier 14 but said it was very difficult to estimate.  Mr Nicholas could see soldiers who appeared to be squatting or kneeling in the area of Glenfada Park.  One of the soldiers appeared to be black.  He did not see the soldiers do anything at this stage.

Mr Nicholas said that people were standing around or hunkered down at this stage.  Some crossed over to the alley behind Joseph Place, some ran, others walked.  He said that Mr Doherty crawled.

Mr Nicholas was at the southeast corner of Block 2 of the Rossville Flats.  He saw Mr Doherty start to crawl towards the alley behind Joseph Place.  He said that Mr Doherty was about two-thirds across the gap when he was shot.  Mr Nicholas saw the back of Mr Doherty’s coat lift up. 

He recalls that Mr Doherty’s head was pointing towards Joseph Place and his feet towards the southeast corner of block 2.  Mr Nicholas said that he assumed the soldiers at Glenfada Park had shot him because they were the only soldiers that he had seen.

When Mr Doherty was shot he collapsed and fell on his face.  A group of people in the Joseph Place alleyway had been urging him on.  Mr Nicholas saw one of the group go out to try and rescue Mr Doherty but he believes the man was shot in the leg because he saw him drop.  Someone pulled the man in.  A second man went out to Mr Doherty but he was also shot around the legs and was dragged back.  A third person, Patrick Walsh, crawled out to Mr Doherty.  Mr Nicholas went back to the car park of the Rossville Flats to get the photographer. He thinks that Patrick Walsh may have turned Mr Doherty on his back whilst he was in the car park.  After about 5 or 10 minutes, the shooting stopped and first-aiders went to tend to Mr Doherty.

Mr Clarke asked Mr Nicholas about some evidence before Lord Widgery that there had been a gunman close to the east retaining wall who had brandished a pistol and was shot.  Mr Nicholas did not see anyone brandishing a pistol in this area.  He did not see anyone other than Mr Doherty and the two men, who tried to rescue him, fall.

After Mr Doherty was shot, the firing continued.  Mr Nicholas could not say what quantity of shots were fired.  He had seen one bullet hit the retaining wall above Mr Doherty’s head before the one that hit him.

1.2             QUESTIONS ON BEHALF OF THE FAMILIES

1.2.1       Father Daly’s gunman

Mr Nicholas agreed that it was difficult to be precise about sequences and the exact location of events.  He agreed that it is possible that when he bumped into the gunman Father Daly had already told him to leave.

1.2.2       Sunday Times archive

Mr Nicholas was photographed as part of the group making their way along the retaining wall.  He did not know Patsy McDaid who can also be seen in the photograph.  He does not recall seeing Mr McDaid get shot, although this is noted in the account of his interview with the Sunday Times team.

Mr Nicholas cannot remember shouting out to Mr Doherty to run to the Joseph Place alleyway.

Mr Harvey told Mr Nicholas that the two men he saw shot as they tried to go to Mr Doherty were Patrick Campbell and Patrick McGowan.

1.2.3       Gap between block 2 and 3

Mr Nicholas did not see anyone carrying an M1 carbine.  He did not see a man fire three rounds with a pistol at the soldiers.  When he went back into the Rossville Flats car park he was not aware of firing.

1.2.4       Solders in Glenfada Park

He placed the soldiers originally at the northeast corner of Glenfada Park South.  He said that it is possible that they were at the southeast gable of Glenfada Park North.

1.3             QUESTIONS ON BEHALF OF THE SOLDIERS

1.3.1       Soldiers in Glenfada Park

Mr Nicholas assumed the soldiers he saw in the area of Glenfada Park had shot Patrick Doherty because they were the only soldiers he had seen at the time of the shooting.  Mr Lawson suggested that it would have been impossible for Mr Doherty to have been shot by these soldiers because the bullet entered Mr Doherty’s buttock and exited his chest below his armpit.

He was aware of shots hitting the wall behind Mr Doherty before and during the time that he was shot.

He did not see anyone move Mr Doherty’s body while he was on the corner of block 2 of the Rossville Flats.  He said that he was watching for most of the time but Mr Doherty may have been moved when he went back to get the photographer.

1.3.2       Eden Place

He had no idea why the paras were beating up the old man near Eden Place.  He agreed that the group that went to rescue the old man had been warned off by the soldiers shot.

1.3.3       Michael Bridge

Mr Nicholas was in the mouth of Chamberlain Street when Mr Bridge was shot.  He agreed that he could not tell who had shot Mr Bridge.

1.3.4       1972 statement

Mr Nicholas did not mention seeing Father Daly’s gunman in his 1972 statement because he had not seen the gunman fire and he was asked to describe who he had witnessed being shot.  He said the statement was of the most horrific events he had witnessed that day and was not a definitive statement of all he had seen or experienced.

1.3.5       Photograph of Mr Doherty

Mr Nicholas was shown a photograph of Mr Doherty and another man by the retaining wall.  Both were looking in the direction of the gap between blocks 2 and 3.  Mr Nicholas agreed that something was catching their attention.  He did not agree that it was a gunman because he had not seen one in the gap.

1.3.6       Photograph of the scene around Jack Duddy

Mr Nicholas was asked about a man who can be seen in the car park, close to the group around Mr Duddy.  He said that it was not the gunman he had seen in Chamberlain Street.

1.4             FURTHER QUESTIONS ON BEHALF OF THE TRIBUNAL

1.4.1       Patrick Doherty

Mr Nicholas said that he had gone through the gap between block 2 and 3 of the Rossville flats before Mr Doherty.  He does not recall Mr Doherty passing him again but says that he must have because Mr Doherty was ahead of him when he went towards Joseph Place. 

1.4.2       Firing in car park

Mr Nicholas said when he was in the car park, he could hear firing and it appeared to be coming from the direction of the flats. 

2                    WILLIE HEALEY’S EVIDENCE

2.1             QUESTIONS ON BEHALF OF THE TRIBUNAL

2.1.1       Barrier 14

Mr Healey was with Patrick Doherty on the march and they got separated when Mr Healey reached barrier 14.  Mr Healey said that he saw the regular soldiers part and about 20 paras came through the barrier.  He did not see any vehicles.  There were about 30 people throwing stones at this stage.  Other people were watching.  Mr Healey ran down Chamberlain Street.

2.1.2       Chamberlain Street

Mr Healey was conscious that there were 4 or 5 other people running with him.  He said that he thinks most other people ran down William Street.  He said that he waited by a bookies for about 10 to 15 minutes.  He saw the APCs driving down Rossville Street.

Mr Healey saw two paras jump out of an APC.  He saw a man run up to the paras.  He said that the man seemed to be incensed and had his hand raised.  He thought the man was going to punch one of the soldiers.  One of the soldiers hit the man with the butt of his rifle.

The soldier who had hit the man saw the group standing at the bookies and fired a shot towards them.  Mr Healey said that he heard the shot but did not see it.  The bullet hit the wall above a window of the house opposite the bookies.

When he reached the end of Chamberlain Street, he heard three or four high velocity shots.  He could not tell whether the shots came from Chamberlain Street or Rossville Street.

2.1.3       Rossville Flats

Mr Healey could see 2 or 3 paras near the north of block 1 of the Rossville Flats.  He did not see an APC.  There was a lull in the shooting.  Mr Healey walked along the low wall with his hands on his head towards the gap between blocks 2 and 3.  He was not conscious of firing as he did this. 

2.1.4       Patrick Doherty

Mr Healey walked through the gap between block 2 and 3.  He saw Patrick Doherty who was lying face down.  He thinks that someone may have pulled Mr Doherty’s jumper up because he could see a small hole on Mr Doherty’s right side and a large hole on his left hip.  He thinks a Knight of Malta may have turned Mr Doherty over.

2.1.5       Hugh Gilmore

Mr Healey saw a young man staggering south from the rubble barricade who was holding his stomach.  He was later told that the young man was William Nash.  Mr Clarke suggested that it could have been Hugh Gilmore.  Mr Healey looked at the photograph which shows Hugh Gilmore running towards the doorway of block 1.  Mr Healey said that it might have been him but he thought the man he had seen was younger, maybe 15 or 16 years old.  (Hugh Gilmore was 17 years old.)

2.1.6       South of Rubble barricade

Mr Healey could see soldiers and vehicles behind the rubble barricade.  He could not see any bodies on the barricade.  He could see soldiers in a crouched position.  Some were on their knees, holding their rifles in an aimed position.  There was a lull for 10 to 20 minutes then a further two or three shots were fired.

Mr Healey went to an ambulance for shelter.  He watched people carrying bodies into the ambulance.  He saw Father Mulvey walk up Rossville Street to an APC parked on the northern side of the rubble barricade and ask the soldiers to open the back of an APC.  The soldiers refused and Father Mulvey forced the door open himself.  Mr Healey did not see inside the APC.

2.2            QUESTIONS ON BEHALF OF THE FAMILIES

2.2.1       Patrick Doherty

Mr Healey studied a photograph of Patrick Doherty’s body and said that it is possible that his body had been moved.  However he could not tell, with any precision, where it had been moved from.

2.3             QUESTIONS ON BEHALF OF THE SOLDIERS

2.3.1       Barrier 14

Mr Healey remembers the young men using the tin shield at barrier 14.  He cannot say whether Patrick Doherty was at barrier 14 at this time. 

Mr Healey was stood back from those involved in the riot.  He cannot recall seeing the actual barrier.  He agreed that it was possibly because of the activity going on in front of the barrier.  He said that no violence was used against the soldiers until they fired rubber bullets into the crowd.

2.3.2       Chamberlain Street

Mr Healey ran down Chamberlain Street with 4 or 5 other people.  He thinks that the majority went further down William Street and then went down Rossville Street.  He was fearful that soldiers were following him.  He stopped to get his bearings.  He stopped at the bookies and could see to the bottom of Chamberlain Street.

The first violence he saw at Chamberlain Street was a young man running towards the soldiers.  Mr Healey thought that he was incensed at the way the paras were behaving and suggested that he might have seen something.

3                    PATRICK McNULTY’S EVIDENCE

Mr McNulty was 15 years old at the time of Bloody Sunday.

3.1             QUESTIONS ON BEHALF OF THE TRIBUNAL

3.1.1       Chamberlain Street

Mr McNulty ran down Chamberlain Street and recalls a bullet going past him.  He thinks that there were other shots also being fired down Rossville Street.

3.1.2       Rossville Flats car park

Mr McNulty ran onto the first floor balcony of block 1 of the Rossville Flats, overlooking the car park.  He did not see any people in the car park.

3.1.3       Joseph Place and shots from the Walls

Mr McNulty ran along the east side of Joseph Place and heard shooting as he ran.  He looked up to the City Walls and saw soldiers through gaps in the walls.  The sound of shooting came from the walls and he saw dust rising up in the car park behind the Joseph Place flats.  He saw the dust rise once.  He did not see a bullet.

3.2             QUESTIONS ON BEHALF OF THE SOLDIERS

3.2.1       Rossville Flats car park

By the time Mr McNulty got to the bottom of Chamberlain Street and turned right to go into block 1.  He did not see any APCs but he could hear shooting.

3.2.2       Joseph Place

Mr McNulty did not see anyone in the car park when he saw the dust rising.

4            SUSAN HANSEN’S EVIDENCE

4.1            Rossville Street

Mrs Hansen went to her Aunt’s flat in Kells Walk.  She looked out of the window which overlooked Rossville Street and saw the crowd moving towards Free Derry Corner.  Mrs Hansen came away from the window and then heard gunfire.  She thinks that she had just got down onto the floor when she heard the revving of engines.

Mrs Hansen looked out of the window again and saw 5 or 6 APCs to the left of her Aunt’s flat.  She said that as she got to the window she heard what sounded like a burst of rubber bullets. She saw a group of people running towards Rossville Street.  Mrs Hansen said that 30 or 40 soldiers jumped out of APCs, shooting rifles into the crowd who were now running.  She said that one of the APCs had a red cross on the bonnet.  Mr Clarke showed Mrs Hansen a photograph which shows an APC with a red cross on the bonnet near the rubble barricade. He said that the photograph had been taken some time after the initial entry into Rossville Street.

Mrs Hansen said that the soldiers were shooting from waist or chest position in a southerly direction.  She could not see what they were shooting at because she could only see people.

4.1.2   Kells Walk

Mrs Hansen looked out of the kitchen window which overlooked Columbcille Court.  She could see about 20 soldiers in the alleyway between Kells Walk and Columbcille Court.  She could see soldiers climbing up the outside steps to the first floor level of the flats in Columbcille Court, opposite her aunt’s kitchen window.  There were also soldiers on the veranda outside the Kells Walk flats.

4.1.3       Rossville Street

Mrs Hansen ran back to the window overlooking Rossville Street.  She said that she saw 30 or so cameramen and journalists on the Eden Place/Pilot Row waste ground.  She could see three soldiers beating up a boy aged between 18 and 20 years old.  The soldiers were using the butts of their rifles and they threw the boy into the back of the APC.

Mrs Hansen saw a boy of about 12 to 16 years old running out of Chamberlain Street into the waste ground.  He was pursued by one soldier.  She then saw four or five soldiers hitting the boy with the butts of their rifles.  The boy lay on the ground and a soldier shot him in the stomach at close range with a rubber bullet gun.  Mr Clarke said that the statement they have from William Dillon does not say that he was shot by a rubber bullet. 

Mrs Hansen saw a bald man who was wearing a suit.  The man had his hands behind his back and was brought out by soldiers at Kells Walk.  Mrs Hansen said that there was blood running down the side of the man’s face. He was taken between two APCs and photographed.  She said that he was thrown into an APC, then brought out and photographed again.

Mrs Hansen saw a man in his 30s dragged by four soldiers from under the flats at Kells Walk.  He was hit about the body with the butts of rifles.

4.1.4       Soldier outside the flat

Mrs Hansen said that her Uncle whispered that a soldier was on the veranda outside the flat.  He indicated through the frosted glass panel of the door.  Mrs Hansen said that the soldier was doing something to the door.  She was scared that the soldier was trying to come through the door.

4.2             QUESTIONS ON BEHALF OF THE SOLDIERS

4.2.1   Kells Walk gunman

Mrs Hansen said that she did not see the gunman on the balcony of the Kells Walk Flats that Teresa Bradley has given evidence about.  The gunfire that Mrs Hansen heard came from the front rather than the back of Kells Walk.  She thinks that she would have known if there was gunfire outside her Aunt’s flat.

4.2.2   1972 statement

Mrs Hansen agreed that the APCs had not driven in at 80 miles per hour.  She said that they were, however, coming in very quickly. 

4.2.3       Rossville Street and waste ground

Mrs Hansen said that the soldiers jumped out of the APCs and started shooting at the crowd.  She said that the soldiers were not aiming.  They were just firing. 

Mrs Hansen said that she did not see the APC with the red cross on Rossville Street.  She saw it on the waste ground.

5                    GERRY McBRIDE’S EVIDENCE

5.1             QUESTIONS ON BEHALF OF THE TRIBUNAL

5.1.1       Barrier 14    

Mr McBride was throwing stones, bricks and bottles at the soldiers at barrier 14.  He would have used the tin sheet as a shield.  He heard the noise of Army vehicles revving up and saw the wire of barrier 14 being pulled back.

5.1.2       Chamberlain Street and Rossville Flats car park

Mr McBride ran down Chamberlain Street.  He was aware of shooting in Rossville Street as he ran.  As he looked over towards Eden Place he saw soldiers running down Rossville Street but he did not see any APCs.

5.1.3       Rossville Flats car park

Mr McBride saw Bishop Daly and some others leaning over the body of Jack Duddy.

He saw some young men wrestling with some soldiers. He described two soldiers as protecting themselves with the butts of their rifles.  Mr McBride intended to go in and fight with the soldiers but he heard a woman shout for help.  Mrs Deery was lying on the ground at the back of Chamberlain Street.  Mr McBride helped 3 or 4 other people pull Mrs Deery closer to the wall.  He did not know Michael Kelly.

Mr McBride saw soldiers running along the wire fence south of Pilots Row.  One soldier went down on one knee and aimed his rifle.  He did not know what the soldier was aiming at.

Mr McBride saw Michael Bridge whose jeans were soaked with blood.  Mr Bridge was hopping in circles.  He does not recall seeing Mr Bridge falling to the ground.  Mr McBride helped carry Mrs Deery to the end house in Chamberlain Street.

Mr McBride said that there were about a dozen people at the gable end of Chamberlain Street.  He moved to the low wall in front of block 2 and moved towards the end near the gap between blocks 2 and 3.  He had to cross the car park to get there. When he was taking shelter behind the wall a man called Jim Friel told him that he had been hit two or three times with rubber bullets.

5.1.4            Patrick Doherty

Mr McBride was shown the photographs which show Patrick Doherty lying prone on the ground in front of the retaining wall.  Mr McBride saw Patrick Doherty’s body between block 2 and Joseph Place.  Mr McBride crawled from the east end of block 2 towards Mr Doherty.  He thinks he may have been the first to get to Mr Doherty.  He did not move Mr Doherty’s body.  Mr McBride recalls Mr Doherty lying on his back, holding his side. 

5.1.5            Bernard McGuigan and Hugh Gilmore

Mr McBride walked along the south side of block 2.  He saw the bodies of Bernard McGuigan and Hugh Gilmore.  He thinks that Mr McFadden asked him to witness his search of Barney McGuigan’s body.  Mr McFadden pulled out an envelope from Mr McGuigan’s body.  Mr McBride saw Mr McGuigan’s eyelash in the vicinity of the gable end of block 2 of the Rossville Flats. 

5.1.6   1972 statement

Mr McBride does not recall much of his 1972 statement.  He does not remember seeing Mrs Deery crawling.  He does not recall the sequence described in his statement of helping Mrs Deery, seeing the body of Jack Duddy and then seeing Michael Bridge.

5.2            QUESTIONS ON BEHALF OF THE FAMILIES

5.2.1            Patrick Doherty

Mr McBride can be seen in a photograph whispering the Act of Contrition into Patrick Doherty’s ear.  He searched Mr Doherty for identification and found nothing that could remotely resemble a weapon.

5.3            QUESTIONS ON BEHALF OF THE SOLDIERS

5.3.1       Chamberlain Street

Mr McBride could hear shooting behind him as he ran down Chamberlain Street.

5.3.2       Rossville Flats car park

Mr McBride did not see any firing from the soldiers in the car park.  He agreed that he was hoping to join in with the fighting at the top corner of block 1.  He does not know William McCloskey.  He was shown Mr McCloskey’s photograph and said that he was not the man he saw fighting.

It was suggested that Mr McBride reference to the soldiers ‘protecting’ themselves with the butts of their rifles was translated in the 1972 statement as ‘he was hitting him with something.’   Mr McBride said that he could not remember each detail he had given to the statement taker in 1972.

5.3.3       Father Daly’s gunman

Mr McBride did not see Father Daly’s gunman.

5.3.4       Patrick Doherty

Mr Lawson suggested that it was odd that Mr McBride searched Patrick Doherty for identification.  Mr McBride thinks that he may have known Mr Doherty’s name as he knew him to see.  He could not say whether Mr Doherty’s body had been moved.

5.4             FURTHER QUESTIONS ON BEHALF OF THE TRIBUNAL

5.4.1       Patrick Doherty

When Mr McBride first saw Patrick Doherty, he thinks that Patrick Walsh had already come out of the alleyway.

He does not recall going back to Mr Doherty after saying the Act of Contrition.

6                    HUGH O’DONNELL’S EVIDENCE

6.1             QUESTIONS ON BEHALF OF THE TRIBUNAL

6.1.1       Barrier 14

Mr O’Donnell went to barrier 14 to try and find his sons.  He did not hear the sound of the vehicles but saw them go into Rossville Street from Little James Street.

6.1.2       Rossville Flats car park

As soon as the APCs halted, the back doors were flung open and the soldiers flew out.  A big soldier carrying a rifle at hip level came out of the APC at the entrance to the car park.  The soldier pointed a gun into the alley between block 1 and 2 and fired two shots without taking aim.  Mr O’Donnell said that the soldier fired from the hip.  He saw the soldier holding the rifle and heard the shot.  He did not see any recoil or flash.

Mr O’Donnell continued running south.  He noticed two soldiers, one on his knee and the other standing.  The soldier who was standing was looking at the gap between blocks 2 and 3.  There was a lot of shooting going on.  Mr O’Donnell did not hear any rubber bullets or see anybody fall.

He saw a tall man in his 50s who was picking his way through the rubble at the end of Chamberlain Street.  Mr O’Donnell recognised him as his bin man.  He saw the soldier knock the man hard on the head with the barrel of rifle.  Nothing had happened to cause the soldier to do that.  He had not seen anyone fighting or trying to get away from the soldier.

Mr O’Donnell ran a few steps further and looked over his shoulder.  He saw a Knight of Malta against a wall.  Mr O’Donnell saw a soldier hit the Knight of Malta over the head.

Mr O’Donnell reached the alleyway between block 1 and 2 of the Rossville Flats.  He heard two shots and saw sparks fly off the drainpipe over his head.

6.1.3   South of the Rossville Flats

Mr O’Donnell stood at the southern gable end wall of block 1.  He moved further out in Rossville Street and saw a group of men, including his son, standing on the south side of the barricade.  He shouted to his son to come back to the shelter of the gable end.  As the young man started running north he heard continuing rifle shots and machine gun fire from the Kells Walk area.  He could not say precisely where the machine gun fire was coming from.  He described the bullets stitching the west wall of block 1 at a height of about 6 feet from the ground.  Mr O’Donnell saw a boy lying on the ground by the gable end of the Rossville Flats.

6.1.4            Joseph Place

Mr O’Donnell moved towards the gap between the two blocks of Joseph Place.  He saw his second son on top of a walkway.  His son vaulted over the walkway to the ground and ran to the alley.  He heard shooting from the walls which seemed to be coming from the right.  Mr O’Donnell grabbed his sons and ran to St Columbs Wells when there was a lull in the shooting.

6.2             QUESTIONS ON BEHALF OF THE FAMILIES AND THE WOUNDED

6.2.1       Rubble barricade

Mr O’Donnell did not see any of the men at the barricade with weapons, nail bombs or petrol bombs.

6.2.2   Eden Place/Pilot Row waste ground

Mr O’Donnell was running behind the soldiers and had to try and get around them at the time that the APCs were pulling up.  He said there were lots of people in that location who were trying to get shelter at the Rossville Flats.  Mr O’Donnell was behind the soldiers when they started to shoot.  He could not see any reason for them to open fire.  There was no fire or missiles coming from the Rossville Flats.

6.3             QUESTIONS ON BEHALF OF THE SOLDIERS

6.3.1       William Street

Mr O’Donnell thinks that the firing in William Street must have happened before he got there because he did not hear it.  When he passed the GPO he was not aware of any wounded people.  He thinks that they must have been carried away.  He was not conscious of any activity in Kells Walk or Abbey Street or anyone shouting at a gunman.

6.3.2       Eden Place waste ground

Mr O’Donnell can only recall one APC in movement.  He remembers the other 2 APCs as parked on the waste ground.  He saw soldiers running towards the flats.  He did not hear any rubber bullets. He did not see any men attacking the soldiers. 

6.3.3       Rossville Flats car park

Mr O’Donnell did not see the soldiers taking cover.  He recalls them standing out in the open.  He did not see any soldiers crouching by a wall.

He ran past the soldiers because there was nowhere else to go.  He wanted to get through the gap to safety.  He agreed that this is the area that he saw fire being directed to.

6.3.4   South of Rubble Barricade

Mr O’Donnell has a clear recollection of at least 4 soldiers standing in the open near Kells Walk.  They were standing away from the buildings.  He saw these soldiers shooting at the boys running towards the barricade.  They continued firing when the boys ran away.

He stepped out from the shelter of the Rossville Flats onto the footpath and tried to get his son back.

Mr O’Donnell later discovered that a Ferret Scout Car came up Rossville Street and believes that the machine gunfire came from this.

7                    JOHN MITCHELL McLAUGHLIN’S EVIDENCE

Mr McLaughlin was given a photocopy of extracts taken from the book, ‘From Civil Rights to Armalites’ by Neil O’Doherty just before he was about to take the witness stand.  Mr McLaughlin refused to read the extracts because he said that he should have been given more notice.  He answered questions about the book during the course of his evidence.  At the end of his evidence, Lord Saville said that one of the soldier’s lawyers had supplied the BSI with the extracts on the previous evening.  He said that there had been no intention to ‘ambush’ him.

7.1            QUESTIONS ON BEHALF OF THE TRIBUNAL

7.1.1            Experience with the Paras

Mr McLaughlin said that he had experienced three incidents with the Parachute Regiment within a  matter of weeks.  This was at Magilligan, Bloody Sunday and once when he was returning from a golfing trip in Buncrana. 

Mr McLaughlin said that he had been verbally and physically abused on the Buncrana Road.  One of his party had been beaten and Mr McLaughlin was spread-eagled against the bonnet of an APC which was hot because the engine had been running.

7.1.2       Expectations about the Bloody Sunday march

Mr McLaughlin said that he knew the march would be stopped because Ian Paisley had received assurances from the Stormont Government, which had been sufficient for him to call off his march.. 

7.1.3       Stewarding

Mr McLaughlin does not recall being a steward on the Bloody Sunday march.  He had been a steward on many marches before Bloody Sunday.  Mr McLaughlin said he does not know why he said that he had been a steward on Bloody Sunday in the television programme ‘Provos.’

7.1.4            Chamberlain Street

Mr McLaughlin heard the sound of Army vehicles before anybody came through barrier 14.  The vehicles sounded as though they were already moving.

Mr McLaughlin heard a high velocity shot and took cover by the Bookies shop.  He is not sure whether there were people behind him as he ran down Chamberlain Street.  Mr McLaughlin saw a photographer  who seemed to be frozen to the spot.  A shot rang out.  He had seen a soldier on the corner of Eden Place building going into Chamberlain Street.  He saw a lump of brickwork come out of the house on the corner of Harvey Street and Chamberlain Street.  The lump fell from the area immediately above the ground floor window.  He said that it is possible the soldier was firing over the photographer’s head to try and scare him.

As Mr McLaughlin ran down Chamberlain Street he heard sustained gunfire.  He said that volleys of shots were being fired and they were unmistakeably high velocity rifle fire.  Mr McLaughlin said that he was running towards the noise of the gunfire.

7.1.5            Rossville Flats car park

Mr McLaughlin could see three soldiers on the east side of APC which was facing south.  There was at least one soldier at the north gable end of Block 1.  He could see a young man’s body on the ground with a group of people around him.  He does not recall seeing Father Daly or Charles Glenn around the body.

Mr McLaughlin saw Michael Bridge shouting ‘shoot me, shoot me.’  He said that Mr Bridge was shouting at a group by the gable wall of Chamberlain Street.  Mr Bridge was calling the people cowards for hiding from the soldiers and not helping Jack Duddy.

Mr McLaughlin said that one of the soldiers casually lifted his gun to his shoulder and shot Mr Bridge.  He thinks it was the soldier on the east side of the APC and closest to the APC.  He said that nothing was said to Mr Bridge before he was shot. 

Mr McLaughlin had not seen any civilian with a weapon.  He did not see any missiles thrown from the flats.

Mr McLaughlin heard separate volleys of shots being fired.  The civilians responded as if the shots were directed towards them.  Mr McLaughlin said that he was one of the first to get to Michael Bridge.  He helped to drag Mr Bridge away.  People were screaming for a doctor or first-aider.  Mr McLaughlin went through the alleyway between blocks 1 and 2 to try and find a doctor.

When Mr McLaughlin got through the alleyway he saw a group of people trying to drag a body from the entrance to block 1 to the safety of the gable end. 

Mr McLaughlin walked to the south of block 2 to try and find a telephone.  People told him to stop moving because he might attract fire.  Mr McLaughlin then retraced his steps and went back through the gap between blocks 1 and 2.  He moved along the wall in front of block 2 and went through the gap between blocks 2 and 3.  The shooting continued as Mr McLaughlin moved towards Joseph Place.

7.1.6   Free Derry Corner

Mr McLaughlin reached Free Derry Corner after the initial burst of gunfire that had caused the crowd assembled there to disperse.  He could see people coming out of the gap between Glenfada Park North and South.  He thought they had been arrested because they came out with their hands in the air.  His 1972 statement said that he had seen two bodies in the open and realised the group were trying to reach them.  Suddenly a volley of shots rang out from the Glenfada Park North direction and the people threw themselves forward on the ground.

Mr McLaughlin recognised his father in the group of people.  He never discussed this with his father and did not know, until recently, that his father had made a statement.  Mr McLaughlin said that families did not discuss their own personal experiences of Bloody Sunday.

7.1.7       IRA

Mr McLaughlin said that he had a clear understanding that the IRA would not be at the march.  He said that there had been considerable build up to the march and it was common cause that the march was for civil rights.  There was a belief that the march would succeed in getting its objective.

Mr McLaughlin knew very little about the composition of either wing of the IRA in Derry in 1972.  He knew the IRA existed but it was a secret organisation.  Mr McLaughlin did not know the leaders of either branch, their orders or whether any member of either branch was on the march.  He said that he does not know who would be able to tell the Tribunal about the IRA orders for the day.

Mr McLaughlin was handed a photocopy of an extract from Neil O’Doherty’s book ‘From Civil Rights to Armalites.’  He vaguely recalls being interviewed for the book.  Footnotes are attributed to Mr McLaughlin which said that some people who had worked as stewards at civil rights marches and were active in the early agitational work in housing, then went on to become active IRA members.

Mr Clarke suggested that because of these quotations, Mr McLaughlin must have some knowledge of the personnel and organisation of the Provisional IRA.  Mr McLaughlin said that he did not involve himself in gossip or discussions.  He said that he had been a member of Provisional Sinn Fein in 1972.

7.2            QUESTIONS ON BEHALF OF THE FAMILIES AND WOUNDED

7.2.1   Civil Rights marches

Mr McLaughlin had been a steward on many civil rights marches before and after Bloody Sunday.  He had never known the marches to be used by paramilitaries as cover for firing at the Army.

7.3             QUESTIONS ON BEHALF OF THE SOLDIERS

7.3.1 Marches and riots

Mr McLaughlin said that marching in Derry was a constant activity.  Rioting was not a normal incident of a march.  Strenuous efforts were made by the stewards on marches to ensure that they did not degenerate into riots.

Mr McLaughlin had heard of shooting taking place at riots but he had no experience of it.

7.3.2       The civil rights movement

Mr McLaughlin said that he was an active supporter of the civil rights movement.  He does not remember any formal membership of the Civil Rights Association but he regarded himself as a member.

7.3.3       Experiences with the Paras

Mr McLaughlin was asked about his experience with the Paras on the Buncrana Road.  Mr Lawson said that the Parachute Regiment were not in the area at this time.  Mr McLaughlin said that the soldiers were particularly aggressive and boasted about being paras.

7.3.4       Barrier 14

Mr McLaughlin said that many people had developed a street awareness which meant they would be familiar with snatch squads and pincer movements.  He said there was nothing unusual about the presence of APCs at the barrier.

7.3.5            Chamberlain Street

Mr McLaughlin did not see where the two shots came from.  He had shouted and waved at the photographer to try and tell him to run.  He does not recall anyone between himself and the soldier.  There were people in the vicinity.

When he relayed this account to the Sunday Times team, they had said that the soldier must either have been firing at him or near him.

7.3.6            Rossville Flats car park

Mr McLaughlin was focused on Michael Bridge.  He said that Mr Bridge appeared to have momentarily lost his head and was angry with everyone.  He agreed that at that time there was no firing in his direction.  He said that Mr Bridge staggered, spun around and collapsed.  He recalls people moving towards Mr Bridge as soon as it was safe to do so.

Mr McLaughlin did not see anyone attacking the soldiers.  He is absolutely sure that he did not see any civilian gunmen.

7.3.7   Roof of the Rossville Flats

Mr McLaughlin said that it was not common for stones and petrol bombs to be thrown from the roof of the Rossville Flats but it did happen.  The roof of the Rossville Flats had been used in the Battle of the Bogside in August 1969.  It was a very strategic point.  He has no recollection of the roof being used again.

7.3.8       IRA

Mr McLaughlin does not know who was in the Provisional IRA in 1972.  He said that he had the impression that people who talked about being members would probably not be members.  He remembers the IRA press conference held in June 1972 to announce their ceasefire.

7.3.9   Mr McLaughlin’s vehicle

Mr McLaughlin does not recall driving people back and forth from Westland Street to the Creggan.  Mr Lawson put Thomas Mullarkey’s evidence that he had seen a blue Volkswagen van with guns in it to Mr McLaughlin.  Mr McLaughlin said that he had a blue mini pick-up. 

7.3.10            Provisional Sinn Fein

Mr McLaughlin said that he was known in Derry through his family circle rather than his political activity.

He had been a member of Official Sinn Fein and had moved to Provisional Sinn Fein.  He said the party was loosely organised.  He thinks there may have been about a dozen members.

Mr Elias put Professor Kevin Boyle’s evidence to Mr McLaughlin.  Kevin Boyle was a prominent member of NICRA in the late 1960s/early 1970s and said that he thought Provisional Sinn Fein was in control of the violence in 1970.  Mr McLaughlin said he profoundly disagreed with that.

He did not know whether Provisional Sinn Fein gave any assurances on Bloody Sunday.

7.3.11  Martin McGuinness

Mr McLaughlin has known Martin McGuinness for 30 to 35 years.  He said that Mr McGuinness had never discussed the events of Bloody Sunday.  He agreed that he had been the national Chairman of Sinn Fein for six years.  He said that Bloody Sunday had been issue of general interest.  Sinn Fein pursued the establishment of an Inquiry into the events of Bloody Sunday.  It was an issue of party policy.  Mr McLaughlin did not discuss the details of Bloody Sunday with Martin McGuinness.

7.3.12  Footnotes in ‘From Civil Rights to Armalites’

Mr McLaughlin said that some people had said that Bloody Sunday was a life changing experience for them.  He might have been asked about certain individuals by the author during the interview.

7.4             FURTHER QUESTIONS ON BEHALF OF THE TRIBUNAL

7.4.1       Injured people

Mr McLaughlin went around at least 6 houses in Glenfada Park and at Free Derry Corner to try and contact his family.  He said that he found injured people in each of the houses.  The injuries had been caused by CS gas, plastic bullets and shooting.  He was looking for his father and does not recall the names or faces of those who were injured.

7.4.2       Mr McLaughlin’s father

Mr McLaughlin cannot recall whether his father was a steward on the march.  A photograph shows that he was wearing the stewards’ armband. Mr McLaughlin said that his father never discussed Bloody Sunday with him.

7.4.3       Martin McGuinness

Mr McLaughlin said that he does not know whether Martin McGuinness was representing the IRA when he visited Paul Channon’s house in July 1972.  He does not know whether it was described as an IRA delegation.

Mr McLaughlin was shown video footage in which Mr McGuinness is described as the Commander of the Provisional IRA in Derry.  He said that he never discussed IRA membership with Mr McGuinness.  He said that it was his practice not to invite himself or to interest himself in issues outside the field of his activity. He would not ask any individual whether they were a member of the IRA as it would be dangerous information.

7                    JOHN DUFFY’S EVIDENCE

John Duffy was 14 years old at the time of Bloody Sunday.  His father was Barman Duffy.

8.1             QUESTIONS ON BEHALF OF THE TRIBUNAL

8.1.1       Barrier 14    

Mr Duffy said that after 11am mass he had seen soldiers erecting barrier 14.  He said that there was about 10 or 20 soldiers there.  He threw a gas canister that he had from a previous riot at the soldiers.  The soldiers ran from the canister.  Mr Duffy said that a teacher congratulated him. 

Mr Duffy said that he joined in with the stone throwing but moved to a wall by Chamberlain Street because the riot was too intense.  He said that the people at the barrier were older than the age group he would normally riot with.

8.1.2       Rossville Flats car park

Mr Duffy ran down the Eden Place/Pilot Row waste ground.  He could see an APC driving onto the waste ground at high speed.  He turned around when he heard a crack.  He heard three shots and saw a soldier, who had got out of an APC, with a gun just above waist level.   He did not actually see the shots come from the gun.

Mr Duffy ran through the gap between blocks 2 and 3.  He ran past people who were lying on the ground.  He could not tell if they had been hit.

8.1.3   South of the Rossville Flats

Mr Duffy went to Joseph Place.  He could see people lying at the rubble barricade and people huddled at the gable end and shops of block 2.  People were huddled together, taking cover.

Mr Duffy said that he saw a man come out from Glenfada Park North and walk towards a man lying by the rubble barricade.  The man walked out with his hands held up at head height.  Mr Duffy heard lots of shots and the man fell.

Mr Duffy remembers leaving Joseph Place and reaching block 2 where he saw the body of Barney McGuigan.  Later that day, he saw an eyelid on the eastern gable end of block 2.

8.1.4   Bullet holes

Mr Duffy noticed 3 bullet holes in the side of the three-penny bits in front of Joseph Place.  The following day he went back and removed two bullets.  The holes were angled downwards and Mr Duffy thought the bullets had been fired from the Embassy Ballroom.

Mr Duffy saw 7 or 8 bullet holes in a window in block 1 of the Rossville Flats.  He also saw 2 bullet holes in the alleyway leading from Glenfada Park North to Abbey Park.

8.2            QUESTIONS ON BEHALF OF THE FAMILIES

8.2.1       Sean Eugene O’Neill’s evidence

Mr Harvey put the evidence of Sean Eugene O’Neill to Mr Duffy.  Mr Duffy said that he never took charge of a group of rioters and never collected a beret, helmet or shield.

8.2.2       Rubble barricade

From his position on the stairwell of Joseph Place, Mr Duffy could see most of the rubble barricade. Mr Duffy is clear that someone walked out from the direction of Glenfada Park and was shot while approaching or crossing Rossville Street.  He said that there was already one man lying on the barricade and one man south of block 1.

Mr Duffy saw a man walking along the pavement by block 1 to the rubble barricade.  The man was walking out, side on to Rossville Street.  He was not carrying anything.  Mr Duffy thinks that the man slumped over.  He thinks that the shots were coming from up Rossville Street.  He was later told that the man he had seen was Alexander Nash.

8.3             QUESTIONS ON BEHALF OF THE SOLDIERS

8.3.1       Rubble barricade

Mr Duffy remembers seeing people scrambling into Glenfada Park from the barricade.  He said that the shooting had stopped when the man walked out to the rubble barricade.  Then it began again.  He said the shooting appeared to be coming from Rossville Street.

8.3.2       Riots

Mr Duffy said that he had thrown the gas canister in the morning, before the march had assembled.

He said that no one asked him personally not to riot. 

8.3.3       Eden Place/Pilot Row waste ground

Mr Duffy said Chamberlain Street seemed full of people so he veered off towards the waste ground.  He said that he first heard the live ammunition on the waste ground. 

8.3.4       Supplementary statement

Mr Duffy made a supplementary statement to the BSI because he found the two bullets he had recovered from Joseph Place.  He said that he had always considered the possibility that they had been fired from the Embassy Ballroom.

9            CHARLES GLENN’S EVIDENCE

Charles Glenn is the Knight of Malta who attended to Jack Duddy in the car park of the Rossville Flats.  He was not called to give evidence at the Widgery Inquiry.

9.1             QUESTIONS ON BEHALF OF THE TRIBUNAL

9.1.1       Knights of Malta

Mr Glenn attended weekly meetings of the Knights of Malta.  He had attended many marches as a Knight of Malta.  He had never treated a gunshot wound before tending to Jack Duddy. 

Mr Glenn said that normally the Knights of Malta would have a central post but there was not one on Bloody Sunday.

9.1.2   Pilot Row/Eden Place waste ground

Mr Glenn treated casualties at the junction of Rossville Street and William Street.  He next recalls being on the Pilot Row/Eden Place waste ground.  He recalls the sound of the crowd fleeing in panic and hearing the whine and rattling of army vehicles.

Mr Glenn said that the paras piled out of the APCs.  They were hyped up and shouting abusively at the crowd.  He saw two soldiers grab an elderly man.  One soldier grabbed the man by the neck and started hitting him with the rifle.  Charles Glenn ordered the Para to stop.  The soldier aimed his rifle at waist level at Mr Glenn.  Another para, who seemed to be in a position of authority, hit Mr Glenn in the chest and he fell back to the ground.  Mr Glenn then heard a shot from the vicinity of Eden Place.  He could not tell in which direction the shot was being fired.

9.1.3   Jack Duddy

Mr Glenn was beckoned over by a group to Jack Duddy.  He remembers examining both sides of Mr Duddy’s body.  It is possible that Mr Duddy had already been turned.

Mr Glenn heard two volleys of shots whilst he was attending to Mr Duddy.  He said that he got the impression they came from the soldiers around the nearest APC.  He got the strong impression that they were not always at the same elevation at the same time.  Mr Glenn said that when he was not looking at Mr Duddy, he would look at the soldiers.  He does not recall Michael Bridge being shot in the leg.  He was not aware of Father Daly’s gunman.  Mr Glenn said that his principal concern was Jack Duddy.  He was also in the centre of the group surrounding Mr Duddy and so he had limited vision.

When the group started to carry Mr Duddy up Chamberlain Street, Mr Glenn was concentrating on keeping the dressing in place and he did not see what was happening in the car park.  He cannot recall hearing firing while he was on the move.

9.1.4   Arrest

Mr Glenn met Joe McGonagle and they were stopped by 3 or 4 paras at the junction of William Street and Francis Street.  The two men were taken into custody and taken in an easterly direction down William Street.

Mr Glenn heard a shot which seemed much lighter than the previous shots that had been fired but which seemed to come from the Bogside.  One of the paras said it was a .22 rifle.  He said that this happened at least 20 minutes after he had left Jack Duddy.

Mr Glenn was taken in a taxi to the east end of William Street and then lined up against the wall of Con Bradley’s pub.  The Regimental Police took Mr Glenn’s first aid kit, uniform and glasses.

9.1.5   Fort George

Mr Glenn was loaded into a 3-tonner lorry.  He had no idea where he had been arrested.

At Fort George he was made to step forward to a military policeman.  A para said that he had arrested him in William Street.  Mr Glenn did not recognise the soldier who said this.  The RMP officer told the para that it was not sufficient and that he needed to say Mr Glenn had been throwing stones or something of that nature.  The para said he had seen Mr Glenn throwing stones.  Mr Glenn said he had not been throwing stones.  He said that it would be grotesque for someone in a prominent Knight of Malta uniform to be throwing stones.

9.2            QUESTIONS ON BEHALF OF THE FAMILIES AND THE WOUNDED

9.2.1   Arrests

Mr Glenn agreed that it was Joe McColgan that he met and was arrested with.  They had emerged from Francis Street and the paras called to them.  There was no mention of stone throwing until he reached Fort George.  The allegation of stone throwing was elicited from the soldier by the RMP officer.  Mr Glenn said that no effort was made by the RMP or soldiers to ask him what he had been doing during the day.

9.2.2       Rossville Flats car park

When firing broke out, Mr Glenn tried to make himself as small as possible over the body of Jack Duddy.  He recalls soldiers firing upwards to the Rossville Flats.  He got the impression that the soldiers he saw were not actively seeking shelter.  The soldiers were clustered around the APCs.  It would be not be correct to say that they were taking cover by the APCs.  He agreed that the soldiers were not displaying the attitude of soldiers in danger.  He could not see anyone moving between himself and the soldiers on the car park.

9.3             QUESTIONS ON BEHALF OF THE SOLDIERS

9.3.1            NICRA marches  

Mr Glenn had attended previous NICRA marches.  He said that rioting was not a consequence of marches.  He said that some youths would take advantage of a military presence on the streets.  He does not recall ever being present when gunfire occurred at marches before Bloody Sunday.

9.3.2       1972 statement and Sunday Times interview

Mr Glenn cannot now recall firing coming from the APCs as they were driving in.

9.3.3            Assault on elderly man

Mr Glenn did not see the beginning of the assault on the elderly man.  Mr Glenn said that he is not aware that he saw the old man again.  If he had seen him then he would have been part of a group of people. 

Mr Glenn described the journey to Fort George as fraught.  He had knelt at the front of the lorry, facing the front and was reluctant to look around.  He said that it seemed wiser not to show too much interest in what was going on. 

Mr Glenn said that he does not remember any individual civilians at Fort George who he would be able to identify.  He was spread-eagled and would only whisper to those on either side of him.   The Sunday Times archive notes that he said someone needed medical attention.  Mr Glenn cannot remember the details of this but thinks that the Sunday Times record of it being Mr Doherty, may be correct.  Mr Doherty is not the man who Mr Glenn saw assaulted on the waste ground.

9.3.3   Firing

Immediately after Mr Glenn was punched in the chest he heard firing.  His efforts to help Jack Duddy were interrupted by firing.  Mr Glenn said the firing was not automatic but it was distinct and in groups.   He agreed that it would be incorrect to say the soldiers were firing at any civilian in sight because there were no civilians between himself and the APCs.

9.3.4       Soldier in Chamberlain Street

Mr Glenn said that he has absolutely no idea what the soldier who approached the group carrying Jack Duddy said.  He cannot say whether the soldier was aggressive or not.

9.3.5       Arrest

Mr Glenn was asked about Joseph McColgan’s evidence about their arrest.  Mr Glenn does not recall being in the Diamond.

Mr Glenn said that he specifically recalled being driven in a taxi along William Street because he thought it was so bizarre.  He remembers being cramped because there were three people on the back seat.  There were three prisoners, Mrs Breen and the driver.  There might possibly have been a sixth person.  Mrs Breen owned the taxi firm.  (The transcript of the IRA bugging of Victoria Barracks records a conversation between someone at the barracks and Mrs Breen.  The conversation relates to one of her cars having been stopped and the occupants detained.)

9.3.6   Fort George

Mr Glenn said that he was verbally intimidated by the RMP as he was put onto the lorry.  He does not recall any violence on the lorry.  He does not recall anyone firing a rubber bullet gun inside the lorry.  He recalls that it was still daylight when he arrived at Fort George.

At Fort George Mr Glenn had to run the gauntlet.  He was struck with the muzzle of a rifle in the groin area.  He said it had the same effect as being struck by a metal rod.  He does not recall receiving any blows to the head.  He can recall butts of rifles flailing as the arrestees moved.  He was not in a position to see whether the soldiers were using sticks or batons.

Mr Glenn was made to stand outstretched with his fingers touching the wall.  He said that he could not say he was physically attacked while in the holding pens.  He cannot recall the paras coming in and punching prisoners.  He thinks that his 1972 statement may have been a record of his impressions but he said that it may also be accurate record of what happened and he has since forgotten the details.  His 1972 statement says that he saw soldiers kicking prisoners in the cage.  He cannot recall the specific details of the beatings.  He agreed that his current recollection is of no violence taking place in the holding pen.

In his 1972 statement Mr Glenn said that he saw a senior officer who he took to be Colonel Wilford at Fort George.

9.4            FURTHER QUESTIONS ON BEHALF OF THE TRIBUNAL

9.4.1   Fort George

Mr Glenn said that he had two or three injuries which had happened at the Bradley Bar area.  He had been spread-eagled and kicked between the legs from behind.  He was struck on the top of his foot with a baton.  Mr Glenn suffered pelvic pain and bruising to his toe.  He received a third injury as he was getting off the lorry.  He said that he made sure he made a loud noise when he was assaulted in an attempt to satisfy the soldier so that he would leave him alone.

9.5       MR GLENN’S QUESTIONS TO THE TRIBUNAL

Mr Glenn had not been aware of the photographs taken of him at Fort George until he gave evidence at the BSI.  He said he was surprised to see they still existed in view of the fact that so many of the other documents are missing.

Mr Glenn was concerned that his arrest photograph should not be kept on police files because, on the face of it, the document alleges he committed some offence.  Mr Clarke showed Mr Glenn the police report that said no further action should be taken on his case because of insufficient evidence.

10.            JOSEPH McGRORY’S EVIDENCE

10.1         QUESTIONS ON BEHALF OF THE TRIBUNAL

10.1.1            Chamberlain Street

When CS gas was deployed, Mr McGrory described a surge of people trying to escape from it.  He ran down Chamberlain Street.  He looked in the direction of Eden Place and saw soldiers taking up firing positions.  His BSI statement says that one of the soldiers fired a shot in his direction.

10.1.2            Rossville Flats car park

Mr McGrory heard shooting as he entered the car park.  He saw a young man stumbling as he ran towards blocks 1 and 2.  The man fell with one arm forward and one twisted backwards.  He was tended by two young men.  He is not sure whether it was Jack Duddy but he said that the image he has of the boy matches the images of Jack Duddy. 

Mr McGrory carried on running and glanced over his shoulder.  He recalls seeing more soldiers take up firing positions in or around Eden Place.  He did not see a soldier fire a shot when he was in the car park but he heard shooting.  He said that he got the impression that the shooting was coming from behind him.

10.1.3 Bullet holes

Mr McGrory was a foreman at Duponts.  On the Tuesday after Bloody Sunday, the workers retraced their steps.  Mr McGrory said that some bullets were pointed out to him.  He said he could not be precise on the location but he thinks that they were on the edge of the entry between blocks 1 and 2 of the Rossville Flats.

10.1.4  South of Rossville Flats

Mr McGrory ran across Rossville Street.  In his 1972 statement he said that as he looked north, he saw a youth running and suddenly fall forwards.  The youth lay with his face turned sideways and Mr McGrory could see blood coming from his mouth.  He does not recall this now. 

Mr McGrory has no memory of a soldier firing towards Free Derry Corner.

10.2            QUESTIONS ON BEHALF OF THE SOLDIERS

10.2.1  Chamberlain Street

Mr McGrory recalls running towards the road from Chamberlain Street onto the waste ground.  He changed his mind when he saw soldiers in the street in a firing position and heard a shot fired.  He does not know whether the shot was fired over his head.

11.            JAMES BENEDICT McKINNEY’S EVIDENCE

11.1         QUESTIONS ON BEHALF OF THE TRIBUNAL

11.1.1  Entrance of APCs

Mr McKinney could not say whether APCs came from Sackville Street.  He saw them come in the direction of Rossville Street.  He does not recall seeing soldiers on either sides of the APCS.

11.1.2  Rossville Flats car park

Mr McKinney was trying to get to the alleyway between blocks 2 and 3 when he heard live gunfire and rubber bullets being fired.  He could see civilians in the car park and some in the waste ground.  He saw a line of Army vehicles.

Mr McKinney saw a soldier come out from behind an APC. The soldier had his rifle to his shoulder and was using the APC for cover.  The soldier was aiming his rifle up at head height.  He heard a crack and saw the recoil.  There was still a crowd in the car park, trying to get through the two alleys.

He saw a man immediately fall and roll along the ground.  He ended up flat on his back.  He recalls the man rolled about 3 or 4 times.  He said the man was aged between 17 and 20 years and was wearing a red jumper.  He believes that the man was Jack Duddy.

Mr McKinney got to the wall that runs parallel to block 2.  He said that everyone was ducking for cover.  Two soldiers came around the corner of the north gable end of block 1.  He could see soldiers looking up at the balconies and pointing their guns.  He said bottles and stones were thrown at the soldiers from the balcony of block 1. 

He heard live rounds being fired.  He could not say how many rounds were fired upwards to block 1.  There was a lull in the shooting and a Knight of Malta came out to tend the man who had fallen.

Mr McKinney saw a man move out, holding his hands in the air.  He said that the man was shot in the arm because he saw what he thought to be blood on the man’s arm.  Mr McKinney saw the man stumbling and holding his arm.

12.2         QUESTIONS ON BEHALF OF THE SOLDIERS

12.2.1  Rossville Flats car park

Mr McKinney cannot remember if an APC was near the car park when the first man was shot.  He focused on one particular soldier who was taking cover by the APC or taking up a position.  He said that there might have been soldiers coming in behind the other APCs.  This was before he saw anything being thrown from the Flats.

Stones and empty bottles fell on the ground and some smashed close to the soldiers.  There were about a dozen people on the first and possibly second balcony of block 1.  People were running back and forward on the balconies.

13.            MALACHY DUDDY’S EVIDENCE

13.1         QUESTIONS ON BEHALF OF THE TRIBUNAL

13.1.1  Barrier 14

Mr Duddy said that most people turned back from barrier 14 after the stewards told them to move back.  The people who stayed were largely those who wanted to throw stones.

Mr Duddy threw stones from behind the corrugated tin hoarding which was used as a shield.  He stayed after the water cannon had been used.  He saw soldiers come through on foot.  There were about 100 people still at the barrier at this stage.

13.1.2  Chamberlain Street

Mr Duddy reached Eden Place in a matter of seconds and saw an elderly man being manhandled by a soldier at the corner of Chamberlain Street and Eden Place.  There were about 15 or 20 people at the junction of Chamberlain Street and Eden Place.  He saw the soldiers advancing and he started to run back towards Chamberlain Street.

Mr Duddy was hit by a rubber bullet and fell on one knee.  As he got to his feet a live shot was fired over his head and hit a building at the junction.

13.1.3  South of the Rossville Flats

Mr Duddy lay on the ground in the garden of the first house in Joseph Place.  He heard three or four shots being fired.  He noticed at least two bodies lying at the gable of block 1 of the Rossville Flats.

He saw a man carrying a handkerchief, make his way towards another man who was lying on the ground.  He looked away and when he looked back, the man with the handkerchief was lying on the ground.  He later found out that the man was Barney McGuigan.

13.1.4  Joseph Place

Mr Duddy went around the back of the Joseph Place houses.  He said that two shots were fired which he thinks came from the city walls.  He did not see the shots hitting anything.

13.2         QUESTIONS ON BEHALF OF THE SOLDIERS

13.2.1  Barrier 14

There were about 200 people throwing stones at the barrier.  He thought the soldiers entered in an orderly fashion to make arrests.

13.2.2  Eden Place

Mr Duddy agreed that another soldier might view his going to rescue the elderly man as an interference with an arrest.  He did not know whether the arrest was justified.

14   PRELIMINARY APPLICATION ON BEHALF OF MEMBERS OF THE                        OFFICIAL IRA

The BSI were informed on 24 January that an intermediary had approached a firm of solicitors on behalf of individuals who were members of the Official IRA at the time of Bloody Sunday.  This included the Officer Commanding the Officials, an Adjutant or intelligence officer and Father Daly’s gunman.  They indicated that they would come forward to give evidence to the BSI if guaranteed anonymity.

The Tribunal granted the lawyers acting on behalf of these individuals three weeks to prepare applications for anonymity.

15            MATTER RELATING TO WILLIAM HARLEY’S EVIDENCE

When Mr Harley gave evidence last week, he refused to name the man he believed to be Father Daly’s gunman.  Lord Saville asked him to get legal advice and to return to the Tribunal on Monday.

Mr Harley gave the name of the person he believes to be the gunman on a piece of paper.  Only Mr Clarke and solicitor to the BSI, Mr Tate have seen the name.  Mr Harley signed and dated the piece of paper.  Lord Saville explained that the name was given without any conditions but on the understanding that the person may have a claim to anonymity.

The BSI adjourned until 26 February 2001.

Timetable proceedings

Monday 12              para 1 to 3 and 14 to 15

Tuesday 13               para 4 to 6

Wednesday 14        para 7 to 9.3.2

Thursday 15             para 9.3.3 to 12

 

 

 

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