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TOP 26 - 29 MARCH 2001 TOP

This week, the Tribunal heard from people who witnessed events in the Rossville Flats car park and to the south of Block 2 of the flats.  Kevin McDaid, the brother of Michael McDaid who was killed on Bloody Sunday, also gave evidence.

Derrick and Martin Tucker were asked about the photographs that their late father had taken of the scene as the APCs arrived in Rossville Street.

The BSI experts revised their transcript of the Fulvio Grimaldi tape recording, following concerns raised by lawyers acting on behalf of the families and wounded.  (See paragraph 21.)

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

1                    ANDREW BARR’S EVIDENCE

1.1             QUESTIONS ON BEHALF OF THE TRIBUNAL

1.1.1       William Street

Mr Barr was standing on the corner of William Street and Little James Street.  He saw soldiers come through barrier 14.  He did not see any vehicles coming through the barricade.  Most people were running towards Rossville Street.

1.1.2       Block 1 of the Rossville Flats

Mr Barr met Barman Duffy inside block 1 of the flats.  He said that seconds later a soldier ran inside the flats.  The soldier lowered his rifle to Mr Barr’s head and held it 12 inches away from his head

Mr Barr said that he is 90% sure that the soldier was wearing a visor that was down.  He said the soldier was hyped up and his eyes were standing in his head.  Barman Duffy reached forwards and tipped the soldiers gun up saying ‘ we don’t want any trouble here.’ 

Mr Barr said that an officer came into the flat, grabbed the soldier and pulled him outside. 

1.2             QUESTIONS ON BEHALF OF THE SOLDIERS

1.2.1   Block 1 of the Rossville Flats

Mr Barr said that Barman Duffy was standing at the foot of the stairs when he first went into the flats.  He was still at the foot of the stairs when the soldier ran in.  Mr Barr said that he lost Barman Duffy when he climbed the steps in Block 1.  He remembers being by himself when h reached the balcony.  He said that he is positive that there were no shots in the stairwell and does not remember whether Barman Duffy said that he was injured.

2                    PATRICK MOORE’S EVIDENCE

2.1             QUESTIONS ON BEHALF OF THE TRIBUNAL

2.1.1       Rossville Street

Mr Moore and his wife heard shots from behind before they reached the rubble barricade on Rossville Street.  Mr Moore said that he presumed that they were rubber bullets until news filtered through that people were injured on William Street.  Mrs Moore was heavily pregnant and Mr Moore left her on the Free Derry Corner side and went to find his brothers who he thought would be at barrier 14.

2.1.2            Chamberlain Street

Mr Moore said that there were lots of people coming down Chamberlain Street as he made his way north.  He saw soldiers at the corner of Chamberlain Street and Eden Place who made no effort to apprehend anyone.  He said that the soldiers were roaring as they approached the corner.  Mr Moore found his brothers and ran south towards the car park.  He saw an elderly woman being carried towards him and saw her thigh was ripped open.  He thinks that he saw the woman before he saw the APCs arrive but said that he could be corrected on that.

2.1.3            Rossville Flats car park

Mr Moore said that the soldiers adopted firing positions.  He said that they did not appear to be protecting themselves.  He and his brothers ran to a low wall parallel with Block 3 of the Rossville Flats.  They lay flat with other people behind the wall.  He said that there was a series of cracks and he could hear bullets hitting the retaining wall behind him.

Mr Moore said that one person behind the wall appeared to be much more in control than the others.  Someone told him that he thought the man was a republican.  The man told them to keep calm and keep their heads down.  He told everyone to keep moving south along the wall.  Mr Moore said that he crawled along the wall and then got up and ran to the gap.

2.1.4   South of the Rossville Flats

Mr Moore saw ambulances on Rossville Street.  He saw one person who was bleeding being put into a car and another person carried from the area of Block 1 and put into a second car.  He did not see the cars leave.

2.1.5            Bogside Inn

Mr Moore said that he went to the Bogside Inn where he saw journalists, a politician and known republicans.  He said that he remembers cars arriving from the Creggan, stopping abruptly and people jumping out.  He said that he presumed the reason for their haste was that they were concerned for their families.  He heard one say ‘If I had been there, this would not have happened.’ 

Mr Moore said that later on he heard shots fired from the Bogside to the Walls.  He said that he assumed it was a civilian taking pot shots at an Army Observation Post.

2.2            QUESTIONS ON BEHALF OF THE FAMILIES AND WOUNDED

2.2.1            Injured people

Mr Moore agreed that the photograph of Hugh Heggarty, who was hit by a CS gas canister, was similar to the person he saw being taken from Block 1 and put into a car.

He agreed that the other person he saw being put into a car could have been Daniel McGowan.  Mr McGowan was taken through the gap between the Joseph Place maisonettes.

2.3            QUESTIONS ON BEHALF OF THE SOLDIERS

2.3.1       Rossville Flats car park

Mr Moore said that he had been told that the man behind the wall in front of Block 3 was a republican.  He had not recognised him as a republican.  He said that the man seemed to be used to being under fire.  He said that the man had dark hair and was probably in his 30s.

2.3.2            Bogside Inn

Mr Moore said that he could not help the Tribunal with the names of any of the people he had seen at the Bogside Inn.

3                    MARTIN TUCKER’S EVIDENCE

Martin Tucker was 17 years old on Bloody Sunday.  He watched with his family from their home in Block 2 of the Rossville Flats.  His father took photographs of the car park as the APCs drove into Rossville Street.

3.1            QUESTIONS ON BEHALF OF THE TRIBUNAL

3.1.1            Rossville Flats car park

Mr Tucker saw the crowd scatter as the Army vehicles drove into Rossville Street.  He saw one of the APCs hit a man in his 20s.  Mr Tucker said that so much was happening that he did not see what happened to the man after that. Mr Tucker’s father was taking photographs but his film ran out.

He does not recall seeing any stone throwing in the car park.

Mr Tucker saw two soldiers on the passenger seat side of an APC.  He said that within seconds, either one or both of the soldiers fired.  He said that Jack Duddy was running side on to the soldier when he was shot.  He had not seen where Mr Duddy had come from.  He said that about half a dozen people around Mr Duddy realised what had happened.

Mr Tucker saw Michael Bridge taking strides towards the soldier at the passenger side of the APC.  He was walking with his arms out on either side of his body.  The soldier aimed his rifle at Mr Bridge.  Mr Tucker heard a shot and saw Mr Bridge clutch his right hip and go down. 

In the first few seconds that Jack Duddy and Michael Bridge were shot, 6 to 10 shots had been fired.  He thought that they were all coming from the two soldiers.  He said that there was a few minutes interval between the shooting of Jack Duddy and Michael Bridge.  More soldiers came forwards to the car park on foot.

Mr Tucker saw soldiers at the east gable wall pumping about half a dozen bullets into a brown Cortina which was parked by the small wall in front of Block 2.  He said that the first bullet may have burst the tyre and the rest of the bullets went into the body of the car.  He said that there were only two women behind the car.  People shouted up at Mr Tucker to get away from the window.

3.1.2   South of the Rossville Flats

Mr Tucker saw two men running along the front of Block 2 towards the alleyway behind Joseph Place.   He said that there seemed to be an awful lot of shooting which appeared to come from the direction of Rossville Street. 

Mr Tucker saw Patrick Doherty creeping along the ground.  Mr Doherty was trying to get to the Joseph Place alleyway.  He said that he was halfway between the shops and the alleyway when his right leg jerked out.  Mr Tucker said that Mr Doherty was facing towards Joseph Place and the people behind the alley had been encouraging him. They had tried to crawl towards him.  A bald headed man tried to get out a few times but had to go back.

Mr Tucker said that next day; he saw bullet holes along the wall which runs parallel to Fahan Street East.  He said that the holes were about 3 or 4 feet up the wall.

3.2            QUESTIONS ON BEHALF OF THE FAMILIES AND WOUNDED

3.2.1            Rossville Flats car park

Mr Tucker agreed that it is possible that he has transposed the red pullover that Jack Duddy was wearing on the day onto Michael Bradley.

3.2.2       South of the Rossville Flats

Mr Tucker said that the two people he had seen go down behind the Rossville Flats before Patrick Doherty were very close together.  He could not say whether one or both of the men had been shot.  He agreed that it could be Patrick Campbell who was shot and Daniel McGowan who went to help him.  Both had been heading towards Joseph Place before Patrick Doherty was shot.

3.2.3       Patrick Doherty

Mr Tucker could not say where Patrick Doherty had started crawling from.  He assumed that Mr Doherty had come from the flats.  He agreed that it was an exceptionally distressing situation and that he could only recall snapshots of various incidents.

Mr Tucker said that it looked as if Mr Doherty had been shot in his right side and said that it would make sense for the shot to have come from the direction of Glenfada Park.

Mr Tucker did not hear Mr Doherty say anything.  He did not actually see any soldiers aiming at Mr Doherty.

3.3            QUESTIONS ON BEHALF OF THE SOLDIERS

3.3.1            Rossville Flats car park

Mr Tucker saw two APCs arrive in the waste ground.  One of the APCs came to a stand still and he saw at least two soldiers get out of it.

He did not see the soldiers making arrests or getting involved in a fight.

The soldiers who had fired at the car where directly opposite him.  He did not see a gunman at the gable end of Chamberlain Street. 

3.3.2            Shooting from Rossville Flats on previous occasions

Mr Tucker’s family had lived in the flats for four years.  He was not personally aware of snipers having used the flats but said that he had heard of it.  He said that he did not think it would be a common day occurrence but it probably did happen.  He had never seen it.

3.4             FURTHER QUESTIONS ON BEHALF OF THE TRIBUNAL

3.4.1            Shooting from Rossville Flats on previous occasions

Mr Tucker said that he does not know of any incidents of firing from the roof of the Rossville Flats.  He said that occasionally shots would be fired at the walls from the alleyways around the flats.  He had never seen any shooting from the balconies of the Rossville Flats.

4                    ALEXANDER BRADLEY’S EVIDENCE

Mr Bradley ran the City Cabs office on William Street. 

4.1            QUESTIONS ON BEHALF OF THE TRIBUNAL

4.1.1       Position of soldiers

Mr Bradley said that he saw a soldier in a derelict building next to the City Cab office before lunchtime.  He also saw soldiers behind the old factory to the north of William Street and to the west of Sackville Street before lunch.

4.1.2       City Cabs

Mr Bradley said that an interval passed after he had seen the APCs drive into Rossville Street when people came running into his office asking for taxis.

He went to the corner of William Street and saw a stationary APC just above Kells Walk and other APCs further up Rossville Street.  He heard one soldier who seemed to be in charge shout ‘don’t shoot unless you identify a target.’ 

Mr Bradley saw 5 or 6 men spread-eagled against a wall on the corner of Kells Walk.  He thinks that he saw a group of people slightly further up, against the wall of Kells Walk.

Mr Bradley said that a young lad came running through the office with a person who had been shot.  Two soldiers came in asking where the man had gone.  One of the soldiers pointed a rifle at a woman who was in the office.  Frankie Boyle went at one of the soldiers with a brush shaft and the soldier struck him on the head with a baton.  One of the soldiers said ‘get out all of you or we will shoot the lot of you.’ 

Mr Bradley said that all of the people from the office got into his car.  He dropped the injured man off at the corner of Central Drive.

Mr Bradley said that he is not aware of his taxis ferrying other injured people around.

4.2             QUESTIONS ON BEHALF OF THE FAMILIES AND WOUNDED

4.2.1       Patsy O’Donnell

Mr Bradley agreed that he could be confused about the injured man’s age.  Mr Harvey suggested that others had identified the injured man as Patsy O’Donnell who was 41 years old at the time.

4.3            QUESTIONS ON BEHALF OF THE SOLDIERS

4.3.1       City Cabs

Mr Bradley said that there was only one person with a bullet wound who came into the City Cabs office.  He said that a number of the others had less serious injuries. 

He said that everyone in the office filed out when the soldiers ordered them out.

4.4             FURTHER QUESTIONS ON BEHALF OF THE TRIBUNAL

4.4.1       City Cabs

Mr Bradley said that he does not recall the incident that Denis McLaughlin describes of a man being dragged out of the back room by soldiers and struck with a baton. 

5                    PATRICK ROWE’S EVIDENCE

5.1             QUESTIONS ON BEHALF OF THE TRIBUNAL

5.1.1       Rossville Flats car park

Mr Rowe saw two men run into the entrance of Block 1 of the Rossville Flats.  He said that he saw two soldiers fire their rifles into the doorway of Block 1.  He thinks that the soldiers fired rifles rather than rubber bullet guns.

Mr Rowe did not make a statement in 1972.  He said that, at the time, he had just served six months for rioting and did not want to make a statement.

5.2             QUESTIONS ON BEHALF OF THE SOLDIERS

5.2.1       City Walls

Mr Rowe made his way through the gap between Blocks 1 and 2 of the Flats.  He said that he got down on his stomach and was aware of shooting from the walls.  He agreed that he would have been crawling in the direction of the shooting and said that at the time he was in a panic.

6                    DERRICK TUCKER’S EVIDENCE

Derrick Tucker was 12 years old on Bloody Sunday and watched events with the rest of his family from their home in Block 2 of the Rossville Flats.

6.1             QUESTIONS ON BEHALF OF THE TRIBUNAL

6.1.1       Rossville Flats car park

Mr Tucker said that he had seen the mini car which can be seen in his father’s photographs, reverse quickly towards the back of the car park.

Mr Tucker remembers the saloon car which is photographed at the bottom of Chamberlain Street.  He does not recall it moving. 

Mr Tucker said that there were large numbers trying to get out of the courtyard from the alley leading into Blocks 2 and 3.  There were more people concentrated around the gap between Blocks 1 and 2.  Mr Tucker saw the ferrat scout car and APCs drive south down Rossville and then disappear from his view.  He saw one APC at the top of Block 1 and a second APC within the car park.  Mr Tucker thinks that by the time the APC stopped, people managed to get in front of it.

At least one soldier got out of the APC and went to the door of the stairwell of Block 1.  Mr Tucker said that he thinks that the soldier fired into the stairwell with a rifle.  He saw him point his rifle in an upward direction.

Mr Tucker also saw a soldier get out of the rear of an APC and take up a position 4 or 5 feet at the back of the APC.   He said that the soldier immediately started firing in the direction of Blocks 1 and 2.  He heard lots of loud bangs.  As the crowd cleared he could see a group of people by a body which was lying on the ground.  He could see Father Daly was one of the group.

Shortly after becoming aware of the body on the ground, Mr Tucker saw a man move towards an APC.  The man appeared to be shouting and gesticulating.  Mr Tucker said that he has a memory of sustained gunfire from the time that the APCs arrived in the courtyard.  The sound of shooting was continuous rather than intermittent.  The sound of firing stopped shortly after he had seen the shooting of the man he believed to be Michael Bridge.

Mr Tucker did not see any missiles or bombs being thrown from the flats.  He did not see a civilian gunman at the gable end of Chamberlain Street.  He did not see Jack Duddy being carried away.  He did not notice any civilians at the gable ends or in the corner of the car park.  He did not hear any shots fired from the flats.

6.1.2   South side of the Rossville Flats

Mr Tucker and his family moved to the other side of the flat as the courtyard cleared of people.  He looked out of the window which overlooks the south side of Block 2.  His attention was drawn to someone crawling from the alley between Blocks 2 and 3 towards the northeast corner of Joseph Place.  He saw a man, whom he now knows to be Paddy Walsh, standing at the northeast end of Joseph Place.  Mr Walsh appeared to be signalling to people in the alleyway between Blocks 2 and 3, to indicate when it was safe to cross.

Mr Tucker saw some dust or smoke rising from the retaining wall at a point before it meets the steps up to Fahan Street.  He said that the shots appeared to be coming from the direction of Glenfada Park.  The next day he saw bullets marks on the wall.  He thinks that there were three bullet holes.  Mr Tucker said that at the same time that shots were fired the man who had been crawling jerked as if he was having a spasm.  The man stopped crawling and lay flat on his stomach.  Mr Tucker saw the dust before the man jerked.

He noticed a group of people taking cover behind the small wall which runs behind Joseph Place.  Paddy Walsh crawled out from the alley.  Mr Tucker does not know how Patrick Doherty’s body came to be lying on his back.  When he saw him first he was face down.

6.1.3   1972 statement

Mr Tucker’s statement refers to soldiers firing indiscriminately into the crowd.

Mr Tucker now has no recollection of two people being shot in the legs at the back of Joseph Place or of soldiers appearing from Glenfada Park.

Lord Saville asked whether someone had drafted his statement for him because he said that it contained phrases which he would not expect a 12-year-old boy to be able to use.  Mr Tucker said that the statement was taken in the same way that Eversheds had taken his most recent statement.  Someone had asked questions and written his answers down.

6.2             QUESTIONS ON BEHALF OF THE FAMILIES AND WOUNDED

6.2.1       Rossville Flats car park

Mr Tucker said that all the events he witnessed took place over a period of twenty minutes.

6.2.2            Joseph Place

Mr Tucker assumed that the two men behind Joseph Place who fell had been shot.  He agreed that what he saw was consistent with the description given by Daniel McGowan of helping Patrick Campbell across to the alleyway behind Joseph Place.  At the time, he assumed they were being shot at from Rossville Street.  Mr Tucker said that the men were doing nothing to give rise to the soldiers shooting at them. 

6.2.3            Patrick Doherty

Mr Tucker said that the first time he saw Patrick Doherty crawling was in the direction of the alleyway behind Joseph Place.  He cannot help as to whether Mr Tucker came from the gap between Blocks 2 and 3 or from under the canopy.

He said that Mr Doherty was not presenting any form of threat. 

He said that there were several shots towards Mr Doherty’s direction before he was hit.  He did not hear Mr Doherty call out anything.

6.3             QUESTIONS ON BEHALF OF THE SOLDIERS

6.3.1   1972 statement

Mr Tucker said that he did not believe that the person who took his statement in 1972 was trying to put his words into a more grown up statement.

6.3.2       Rossville Flats car park

Mr Tucker agreed that he had made two APCs into one.  He agreed that it is possible that the APC had moved from behind the corner of Block 1 to the middle of the entrance to the car park and only then would the soldiers have got out.  He did not see soldiers at the back of the Chamberlain Street houses.

6.3.3            Patrick Doherty

Mr Tucker said that he had assumed that Mr Doherty had come through the gap between Blocks 2 and 3.  He said that when he caught sight of him he was coming out at right angles to Block 2.

6.3.4            Civilian gunfire

Mr Tucker said that in the summer of 1971 there had been firing from the gable wall in St Columbs Wells to the Army Observation Post on the walls.  He thinks that a rifle was used.

7                    JAMES McGEEHAN’S EVIDENCE

7.1             QUESTIONS ON BEHALF OF THE TRIBUNAL

7.1.1            Rossville Flats car park

Mr McGeehan came out of Chamberlain Street into the car park and saw a young boy about five or six yards behind him.  He said that the young boy fell to the ground and he later found out that it was Jack Duddy.  Mr McGeehan and others threw stones at soldiers who were at the north end of Block 1.

Mr McGeehan said that he saw soldiers go into Block 1 of the Rossville Flats.  He saw two soldiers outside the doorway.  One had an SLR and another had a baton gun.  The soldier with the rifle fired in the direction of the gap between Block 1 and 2.  He said that the soldier with the riot gun restrained the other soldier by pressing his rifle down.

7.1.2       South of the Rossville Flats

Mr McGeehan ran through the alley between Blocks 1 and 2.  He saw people scattering towards Lisfannon Park.  Mr McGeehan said that he ran to Joseph Place and then towards Lisfannon Park.  He stayed there for a period of time and then walked to Abbey Park.  He saw a body on the walkway between the west side of Glenfada Park North and Abbey Park.

Mr McGeehan walked through Glenfada Park to the barricade and asked people if they had seen Kevin McElhinney.  He had been with Mr McElhinney in William Street.  He saw Father Mulvey and an ambulance.

7.1.3   1972 statement

Mr McGeehan’s 1972 statement suggests that the soldier who was being restrained at the entrance to Block 1 of the flats had taken aim but did not actually fire.  He now says that to the best of his knowledge the soldier did fire shots.

There is no reference to seeing Jack Duddy fall.  Mr McGeehan said that he was not thinking correctly then and that he had not realised that Mr Duddy had been shot by live ammunition.

7.2            QUESTIONS ON BEHALF OF THE FAMILIES AND WOUNDED

7.2.1       Rossville Flats car park

Mr McGeehan agreed that he might have placed the point at which Jack Duddy fall at the wrong position. 

He agreed that he had become confused about the sequence of events because in his 1972 statement he had omitted the fact that he had been throwing stones.

7.3            QUESTIONS ON BEHALF OF THE SOLDIERS

7.3.1            Rossville Flats car park

Mr McGeehan said that he definitely went through the gap between Blocks 1 and 2.  He had thrown stones at the soldiers and then took cover when he heard the cracks. 

He disagreed with the suggestion that the soldier at the entrance of block 1 was motioning to others to take cover rather than pushing another soldier’s gun away.

8                    THOMAS McADAM’S EVIDENCE

8.1            QUESTIONS ON BEHALF OF THE TRIBUNAL

8.1.1            Chamberlain Street

Mr McAdams was standing just below the top of Chamberlain Street when he heard shots ring out.  He associated them with high velocity shots and said that they came from a northwest direction.  He said that there was an interval between the time that people began to run down Chamberlain Street and the start of the firing.

Mr McAdams said that there were at least 100 others who ran down Chamberlain Street.  He got to the gable end wall on the west side of Chamberlain Street.  He saw APCs parked by the north gable end of Block 1 of the flats.

8.1.2       Rossville Flats car park

Mr McAdams saw a soldier move towards someone who was trying to get into the entrance at the north of gable end of Block 1.  The soldier struck the man with his rifle.  Another soldier appeared immediately behind the first soldier carrying a baton gun.  He fired a rubber bullet directly at the man who had been hit.

Mr McAdams heard the sound of gunfire.  He saw soldier towards the back of an APC who fired his rifle towards the crowd in the centre of the car park.  Mr McAdams ran towards the wall and jumped over it. 

8.1.3   South of the Rossville Flats

Mr McAdams went through the gap between Blocks 2 and 3.  He made his way to the three-penny bits.  He lay down by one of the three-penny bits.  He got up and ran across the front of the houses of Joseph Place.  Mr McAdams said that there was a lull and he made his way to St Columbs Wells.

He now has no recollection of the man who had been shot in the head near to the telephone kiosk.

8.2             QUESTIONS ON BEHALF OF THE SOLDIESR

8.2.1       Rossville Flats car park

Mr McAdams had not seen anything that the man had done before he saw him hit by the soldier with the gun.  He does not recall hearing gunfire at this time. 

He heard several shots as he made his way to the gap between Blocks 2 and 3.

9                    MONICA WHORISKEY’S EVIDENCE (nee HEGARTY)

Mrs Whoriskey was watching from a flat in Block 1 of the Rossville Flats.

9.1             QUESTIONS ON BEHALF OF THE TRIBUNAL

9.1.1       Rossville Flats car park

Mrs Whoriskey glanced towards the Embassy Ballroom, she did not see any soldiers there.  She saw a group of 6 to 7 men and boys lying along the wall in front of Block 2 of the flats.  She saw 3 or 4 soldiers near the northeast corner of Block 1.  Mrs Whoriskey heard a loud bang, followed by a number of other bangs. 

Mrs Whoriskey said that she could see one soldier firing towards the men who were taking shelter behind the low wall.  She recalls seeing smoke coming out of the soldier’s rifle.  She did not see the strike of any bullets or see anyone fall.

9.1.2       Rubble barricade

Mrs Whoriskey went to the window overlooking the rubble barricade.  She saw three young men lying to the north of the barricade.  The men were approximately in the middle of the street.   She does not have a clear recollection of their positions or the direction in which they lay.

Mrs Whoriskey said that she thinks she saw the man closest to Block 1 turn his head and appear to talk to the other men.  She did not see any movement from the other men.

Mrs Whoriskey came away from the window for 5 to 10 minutes.  When she went back she saw a soldier at the southeast entrance of Glenfada Park.  He was pointing his rifle into the car park of Glenfada Park North. 

9.1.3   1972 statement

Mrs Whoriskey now thinks that she is mistaken in her belief that she saw Father Daly giving Jack Duddy the Last Rites in the Rossville Flats car park.

She cannot recall the 3 boys at the barricade being thrown into the APC.

9.2            QUESTIONS ON BEHALF OF THE FAMILIES AND WOUNDED

9.2.1   1972 statement

Mrs Whoriskey said that her 1972 statement is accurate but a lot of the details have faded and been replaced by other memories.  She said that she realised a few years ago that the body she saw lying in the car park was not Jack Duddy.  Mr Harvey suggested that her 1972 evidence was accurate and she had actually seen Jack Duddy.  Mrs Whoriskey insisted that it was not.

9.3            QUESTIONS ON BEHALF OF THE SOLDIERS

9.3.1       Rossville Flats car park

Mrs Whoriskey remembers seeing crowds running and saw APCs beside them.  She did not see soldiers firing immediately that she jumped out of the APCs.  Her friend, Pat Harkin did not say anything about soldiers shooting into the crowd.

She did not see any people behind the wall.  The men that she saw were at the front of the low wall that was parallel to Block 2.  They were about a yard away from the wall and there was half a dozen people there.  At the time she though that Father Daly was with the group but now she thinks that it was a man in dark clothes. 

9.3.2       Rubble barricade

Mrs Whoriskey said that the bodies at he barricade were on the north side of the barricade.  Pat Harkin said that they were on the south side.

9.3.4            Glenfada Park

Mrs Whoriskey saw two or three people lying in Glenfada Park.  She said that she had been  sitting down for most of the time and had not been looking out of the window.  Pat Harkin had not said anything about seeing five people there.

9.4             FURTHER QUESTIONS ON BEHALF OF THE TRIBUNAL

9.4.1       Rossville Flats car park

Mrs Whoriskey said that she was sure that the men she had seen in front of the wall was not the group around Jack Duddy.

10               PETER HUTTON’S EVIDENCE

Peter Hutton was ten years old at the time of Bloody Sunday.  He lived in Block 2 of the Rossville Flats.  He was watching events from a balcony on Block 3 of the flats.

10.1         QUESTIONS ON BEHALF OF THE TRIBUNAL

10.1.1            Rossville Flats car park

Mr Hutton saw people diving over the wall by the swings in front of Block 3.  He was aware of a soldier running into the courtyard.  He said that the soldier was ahead of the other soldiers who were moving across the waste ground.  The soldier went into the car park alone and pointed his rifle towards the wall in front of Block 3.  Mr Hutton heard two or three shots which he thought were rubber bullets. 

Mr Hutton said that there was panic in the car park but he remained focused on the soldier.  He said that the soldier looked up in Mr Hutton’s direction and fired towards him.  As he did, the railings made an almighty din.

Later Mr Hutton went back to examine the balcony and found an indentation in one of the railings close to where he had been standing.

10.2         QUESTIONS ON BEHALF OF THE SOLDIERS

10.2.1            Rossville Flats car park

Mr Hutton said that he did not hear any shooting before he was on the balcony of Block 3.  He did not hear the shots which hit Jack Duddy or Michael Bridge.  He did not see or hear any army vehicles in the courtyard.  He said that he was totally focused on the one soldier. The soldier who he saw shooting was standing up.

11               HUGH McMONAGLE’S EVIDENCE

11.1         QUESTIONS ON BEHALF OF THE RIBUNAL

11.1.1  Civil Rights Association

Mr McMonagle was vice chairman of the Shantallow branch of the Civil Rights Association.  He said that it was the Derry or Creggan branch that organised the march.  The Shantallow branch had no contact with the national branch.

11.1.2  IRA

Mr McMonagle said that he spoke to a member of the Provisionals about two days before the march.  He had seen the man whilst he was visiting relatives in the Creggan and said that he hoped there would be no trouble on Sunday.  The man said that the Provisionals would be in the area of the Creggan chapel, at the top of Southway and Cropbie.  He did not know the man’s position in the Provisionals and has not seen the man since Bloody Sunday.  He gave the man’s name to the Tribunal on a piece of paper.

Mr McMonagle said that he told the Civil Rights Committee what the man had said.

11.1.3            Barrier 14

Mr McMonagle said that he and four or five others went down to the barrier to try and get the boys who were rioting to move away from the area.  He said he watched for 10 to 15 minutes after his attempts had failed.

11.1.4  Waste ground

Mr McMonagle ran along the backs of the gardens of Chamberlain Street.  He said that he saw APCs and a ferrat scout car.  As he was running he heard the shooting start.  He ran through the gap in the fence and ended up lying behind the small wall in front of Block 2 of the Rossville Flats.

11.1.5            Rossville Flats car park

Mr McMonagle looked up towards the Block 3 and the stairwell he could see soldiers moving along the city walls.

He saw a priest and others around Jack Duddy.  Mr McMonagle went towards the group.

He saw Michael Bridge walking towards the APC shouting ‘you have shot that young man, come on and shoot me.’  Mr Bridge had his arms out to his side in a cross like position.  A photograph was shown of a man moving away from the group around Jack Duddy in this position.  Mr McMonagle said that he thinks that the APC was further back on the waste ground when Mr Bridge was shot.

Mr McMonagle helped the group carry Mr Duddy north up Chamberlain Street.  He heard shooting and got the impression that it was coming from the north of Chamberlain Street towards his group and over their heads.  He said that the video shows a left-handed soldier firing a shot at the group as they walked up the street.  Mr McMonagle said that there were at least four shots and they were being fired in the street because he could hear the echo.  An Army officer approached the group asking them what was wrong.  Mr McMonagle told the officer to ‘fuck-off’ as he thought that he was trying to prevent them from getting up the street.

11.1.6 Castle Gate and Waterloo Street

The group laid Jack Duddy down in Harvey Street.  Mr McMonagle went to the Army barrier across Castle Gate to try and get an ambulance.

He then went to Waterloo Street and tried to get help and an ambulance there.  By the time he had done this, Jack Duddy’s body had disappeared.

11.2            QUESTIONS ON BEHALF OF THE FAMILIES AND WOUNDED

11.2.1  Michael Bridge

Mr McMonagle said that it was about 5 to 10 minutes after seeing Jack Duddy that he saw Michael Bridge get shot.  He said that he was close enough to be able to see that Mr Bridge had nothing in his hands.  He said that no stones were being thrown at the time that the group was standing around Jack Duddy.

11.3         QUESTIONS ON BEHALF OF THE SOLDIERS

11.3.1  Rioting

Mr McMonagle said that he understood the IRA had control of the rioting.  He said that young people would shout obscenities at the soldiers.  He agreed that as the rioting got worse, the probability would be that some reaction such as a snatch squad could be expected from the soldiers.  Mr McMonagle said that he had seen worse rioting and it had been contained.

11.3.2 Waste ground

As Mr McMonagle ran down the waste ground, he was conscious that one APC had tried to cut him off.  He agreed that the APC was driven in such a way and at such an angle that he had thought it was trying to trap people and cut them off.  Mr McMonagle agreed that this would be consistent with soldiers trying to arrest and trap those who had been rioting.  He said that it was while he was running across the waste ground away from the first APC he heard gunfire.

11.3.3            Rossville Flats car park

After Jack Duddy was shot, Mr McMonagle went to the priest.  When he saw Mr Bridge shot, he went out to him and took him to the house in Chamberlain Street.  When he came out of the house, he saw the group carrying Jack Duddy straight away.

11.3.4  Chamberlain Street

Mr Glasgow said to Mr McMonagle that none of the soldiers had fired in Chamberlain Street.  He said that there were no live rounds fired in Chamberlain Street.  Mr McMonagle said that he still believes the soldier fired at the group taking Mr Duddy up the street.

11.3.5  Castle Gate barrier

Mr McMonagle said that he went to Castle Gate and spoke to the officer controlling the barrier.  He said that he recalls the officer was wearing leather gloves.  Mr McMonagle said he could still hear the thud of the officer’s clapping at Jack Duddy having been shot dead.

Mr Glasgow said that Soldier 136, a lieutenant of the Royal Green Jackets, was the officer controlling the barrier.  He said that the soldiers wore woollen rather than leather gloves.

11.3.6            Waterloo Street barrier

Mr McMonagle said that he lost his temper with the soldier controlling the Waterloo Street barrier and physically attacked him.  He tried to pull him over the barbed wire.  He had asked the soldier for help and believed that he was making false inquiries over the radio. 

Soldier 158 said that Jack Duddy’s body had already been loaded into an ambulance when he was approached by three or four people who, he said, accused him of having shot the person dead and refusing medical aid.  Mr McMonagle agreed that he accused the soldier of preventing medical aid but said that he was on his own when he did this.

11.3.6 Civil Rights Association

Mr McMonagle was in the Shantallow branch of the Civil Rights Association.  The National Executive was based in Belfast.  He cannot recall whether the National Executive gave any guidance.  He remembers that Brigit Bond informed them of the march.

11.4         FURTHER QUESTIONS ON BEHALF OF THE TRIBUNAL

11.4.1  Castle Gate barrier

Mr McMonagle said that the man who clapped was a soldier rather than a police officer.

12               KEVIN McDAID’S EVIDENCE

Mr McDaid is the brother of Michael McDaid who was killed on Bloody Sunday.

12.1         QUESTIONS ON BEHALF OF THE TRIBUNAL

12.1.1  Barrier 14

Mr McDaid saw stewards standing between the crowd and barrier, trying to get people to move to Free Derry Corner.  He saw a confrontation between a number of youths and the Army.  A group started throwing stones and bottles.  Mr McDaid remembers the water cannon being used and that it dispersed the crowd.  The crowd started to throw stones again and the water cannon was used for a second time. 

12.1.2            Rossville Flats car park

Mr McDaid said that he saw two soldiers.  One held his rifle at chest height.  He saw Jack Duddy stumble and fall forwards.  Mr McDaid said that Mr Duddy was in a small group of people who were running for the alley between Blocks 1 and 2.  He was in front of Mr McDaid.  He did not see which direction he had come from.  The shots appeared to come from the two soldiers who were standing by the APC at the mouth of the car park.

Mr McDaid continued running towards Block 2 and got behind the low wall.  He kept his head down but heard a couple of bursts of three or four shots.  He said that he had the impression that the shots had come from the soldiers.  He saw two soldiers and got behind the wall.  He assumed the shots were coming from the two soldiers.

Mr McDaid went along the wall in front of Block 2 and got into a position where he was lying in front of the swings.  He went up the steps.  He heard occasional bursts of gunfire which seemed to be coming from the soldiers.  He ran and crouched in front of the retaining wall.  Mr McDaid can be seen in photographs of the group moving along the retaining wall.  At one point he can be seen directly in front of Patrick Doherty. 

12.1.3  Rossville Flats

Mr McDaid got to the stairwell in Block 2 and made his way to the veranda.  He made his way up the stairs and reached the top landing.  He crossed into Block 1 and went downstairs.  He saw the man lying on one of the stairways.  There were three or four people around him.  He heard later that the man was Kevin McElhinney.

12.2            QUESTIONS ON BEHALF OF THE FAMILIES AND WOUNDED

12.2.1            Patrick Doherty

Mr McDaid said that the group he can be seen with at the retaining wall was being fired at.  He said that he does not recall passing Patrick Doherty.  He thinks that the shooting was still taking place when the photographs were being taken because the man can be seen getting nearer the ground.  He cannot say whether Mr Doherty was shot before he left the car park.  He said that he cannot recall any shouts or screams which might have suggested that someone had been shot. 

12.3            QUESTIONS ON BEHALF OF THE SOLDIERS

12.3.1            Rossville Flats car park

Mr McDaid was not aware of any civilian gunman in the car park or anywhere else.

13               SEAN MELLON’S EVIDENCE

13.1            QUESTIONS ON BEHALF OF THE TRIBUNAL

13.1.1            Rossville Flats car park

Mr Mellon sheltered behind the low wall in the car park.   He thinks it was the wall in front of Block 2 of the flats.  He glanced over the top of the wall and saw a soldier on either side of an APC that was facing into the car park. 

Mr Mellon said that the soldiers had their rifles at hip level.  He had the impression that the soldiers were firing.  He looked to his left and saw a man who was tall, thin and had slicked back hair who was running away from him.  He saw the man fall forward.  He said that he had the impression that the soldiers’ rifles were jerking.  The man had been moving towards the gap between Blocks 1 and 2.  He saw the man fall somewhere in the southwest corner.  He was not conscious of other people going through the gaps.  He did not see what happened to the man who fell.  He has no recollection of the group around Jack Duddy’s body.

13.2         QUESTIONS ON BEHALF OF THE SOLDIERS

13.2.1            Rossville Flats car park

Mr Mellon said that he does not know how he got behind the wall.  He glimpsed over the wall and saw a man running from right to left.  He believes the soldiers had rifles at their hips.  He said that the rest of the car park was empty.

Mr Glasgow suggested that Mr Mellon was mistaken about the soldiers firing from their hips.  Mr Mellon said that all he could describe was the picture that had stayed in his head.

14               KEVIN WEBB’S EVIDENCE

14.1         QUESTIONS ON BEHALF OF THE TRIBUNAL

14.1.1  William Street

Mr Webb was with John Young at the start of the march.  He said that when he reached the barrier the usual riot was taking place.  When the Army came through the barrier, Mr Webb ran down Chamberlain Street.

14.1.2  Rossville Flats car park

Mr Webb ran into the car park.  As he ran he had become aware of a soldier who was kneeling at the corner of Block 1. He believed the soldier was shooting.  He heard shots and assumed that the soldier he had seen was the one who was firing.

He thinks that there was more than one soldier at the north of Block 1.  Mr Webb dived behind the small wall in front of Block 2.

Mr Webb said that he had the impression that someone was shot in the car park and was lying face up.

Mr Webb stayed behind the wall for 10 minutes.  He said that he has half a memory of one man running across the car park who was shot in the arm.  He also has half a memory of seeing Michael Bradley behind the wall.  He agreed that he could have confused this incident and made it into two separate incidents.

14.1.3  South of Block 2

Mr Webb said that a group of people at the northern gable end of Joseph Place shouted to him to get back because there was shooting from the walls.

14.1.4  John Young

He believes that John Young ran down Chamberlain Street and presumes that he ran out of the car park because he was not with Mr Webb at the low wall.  He thinks that Mr Young may have gone through the gap between Blocks 1 and 2 and gone back up Rossville Street.  (Mr Young was killed on the barricade.)   The last time that Mr Webb saw John Young was in William Street.

14.2            QUESTIONS ON BEHALF OF THE FAMILIES AND WOUNDED

14.2.1            Glenfada Park

Mr Webb said that he clearly remembers seeing seven dead bodies on the day.  His recollection is not strong enough for the Tribunal to take it that he saw someone who had been shot between Glenfada Park North and South. 

14.2.2  South of the Rossville Flats

As Mr Webb emerged from the gap between Blocks 2 and 3, he pressed himself against a wall because the people at the end of Joseph Place shouted to him to ‘get back.’

15               JOSEPH GALLAGHER’S EVIDENCE

15.1         QUESTIONS ON BEHALF OF THE TRIBUNAL

15.1.1  Rossville Flats

Mr Gallagher thinks that a soldier jumped out of an APC which had turned off Rossville Street.  He saw the soldier go down on one knee in a firing position.

Mr Gallagher said that when the APCs arrived, there was a stampede to get away.  He went into Block 2 of the Rossville Flats and made his way into the stairway between Blocks 1 and 2.  He got down onto his stomach and made his way through ‘the causeway’.  He looked down into the courtyard and saw a first aid man being beaten up by soldiers at the back of the Chamberlain Street houses.

He heard more shots and got down for cover.

15.1.2  South side of Rossville Flats

He went inside his friend’s flat and looked out of the window overlooking Joseph Place.  Mr Gallagher lay down and said that he heard shots which were going towards the north.  At the time, he thought that someone was shooting at the Army in reply.  He said that now he believes that it may have been shots from the walls.

In his 1972 statement, Mr Gallagher said that the shots sounded different to those fired by the Army.  He agreed that it is possible his 1972 account would be more reliable than his current statement.

15.1.3  Gable wall Chamberlain Street

Mr Gallagher said that he returned to the window overlooking the car park and saw people lined up against the southwest gable end of the houses in Chamberlain Street.  He thinks that the people had been arrested.

15.1.4 South side of Rossville Flats

Mr Gallagher hid in the flat for 15 to 20 minutes.  He looked out towards Rossville Street and could see bodies below the flats near the telephone kiosk.

15.2         QUESTIONS ON BEHALF OF THE FAMILIES AND WOUNDED

15.2.1  Shots towards the north

Mr Gallagher said that he could not recall the interval between the first set of shots and those that he took to be in reply.  He thinks that the shots he described came after all the other shooting was over. 

Mr Gallagher had been teaching in Derry for three to four months.  Before that he had been in Manchester for three years.  He agreed that he had very limited experience of gunfire at that time.  He agreed that it is possible that he misapprehended what he was hearing.

16               ROSEMARY DOYLE’S EVIDENCE