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10 - 12 DECEMBER 2001
This week, the Tribunal heard evidence about Glenfada Park North, the area to the south of the Rossville flats and Army and police communications. The Tribunal’s appeal against the Divisional Court’s ruling on the judicial review of venue was also being heard at the Court of Appeal in London.
Charles McLaughlin was in the group of people who carried Michael Kelly across Glenfada Park North. Anthony Harkin watched Bernard McGuigan move out from the area around the telephone box at the gable end of Block 1 before being shot.
James McCafferty said that he overheard transmissions in the days before Bloody Sunday that indicated that weapons were being taken out of the Rossville Flats. James Ferry gave evidence about the tape recordings that were made of telephone conversations to and from Victoria Barracks.
A full transcript of proceedings is available at http://www.bloody-sunday-inquiry.org.uk
1
MICHAEL FEENEY’S EVIDENCE
1.1
QUESTIONS ON BEHALF OF THE TRIBUNAL
1.1.1
Lisfannon Park
Mr Feeney was a Knight of Malta. He said that he met Colonel White who was the head of St John’s ambulance in the alleyway between Abbey Park and Glenfada Park South. Colonel White told him that he was looking for a telephone and Mr Feeney directed him to Vinny Coyle’s house. Mr Feeney did not see Mr Coyle or anyone injured in Mr Coyle’s house.
1.2
QUESTIONS ON BEHALF OF THE SOLDIERS
1.2.1
Lisfannon Park
Mr Feeney said that it was hard to determine how many people were in Vinny Coyle’s house. He said that he was not 100% sure that he had gone into Mr Coyle’s house. On the day, people were moving from one house to another. Mr Feeney did not see Red Mickey in the house.
2 ANTHONY HARKIN’S EVIDENCE
2.1
QUESTIONS ON BEHALF OF THE TRIBUNAL
2.1.1
Eden Place/Pilot Row waste ground
Mr Harkin saw APCs coming down Rossville Street and ran south across the waste ground. As he ran, the army vehicles overtook him. He said the first APC, which went onto the waste ground, seemed to swing round facing north and started driving towards him. He saw the APC hit a girl with a red coat. Mr Harkin said that he doubted that the APC had hit the girl accidentally. He was shown the statement of Alana Burke and agreed that he could be wrong in the place he thought that she was hit.
Mr Harkin saw possibly two soldiers get out of an army jeep and take up a firing position. One of the soldiers was black and he took up a position very near to the jeep. Mr Harkin thought he was using the jeep as cover. He heard the sharp crack of shots being fired.
2.1.2
South of the Rossville Flats
Mr Harkin pushed his way through the alleyway between Blocks 1 and 2. He climbed onto the roof of a small building which looked onto the alleyway. Mr Harkin could see people standing against the south gable end of Block 1, looking out towards Rossville Street and the rubble barricade. He could not see what they were talking about.
Mr Harkin saw two bodies on the rubble barricade. He recalls seeing a boy fall at the rubble barricade. He was aware of people taking shelter at the gable end of Glenfada Park North. He did not see any soldiers on Rossville Street.
Mr Harkin saw a man who had been standing in the area close to the telephone box. The man was stooped over slightly and he walked out waving a hankie. Other people in the group- around Mr Harkin shouted for the man to come back, but he kept going. As the man walked out, Mr Harkin heard two shots. When he looked back, he saw the man had slumped to the ground.
Mr Harkin had not heard people shouting from the windows of Block 2. He cannot be sure whether he heard anybody calling for help. He agreed that the position that he saw the man fall is different to the position that Mr McGuigan can be seen in the photographs.
Mr Harkin moved to the three-penny bits. He saw another body lying in the area between Joseph Place and Block 2 of the Rossville Flats. He said that he has a vague memory of seeing two men. One was lying and the other man was trying to get to him.
2.1.3
1972 statement
Mr Harkin had not mentioned seeing Mr McGuigan shot in his 1972 statement. He said that he may have overlooked it as he was trying to get his head sorted out at the time.
2.1.4
Columbs Wells
Mr Harkin said he saw people helping three or four people into St Columbs Wells. In his 1972 statement he said that he had helped to put seven of the injured into cars. He said that he could not be sure about the number of injured people he had seen.
2.2
QUESTIONS ON BEHALF OF THE FAMILIES AND WOUNDED
2.2.1
Evidence of Soldier S
Mr Harkin was asked about the evidence of Soldier S. Soldier S said that he fired 12 shots at a gunman in the gap between Blocks 1 and 2. Mr Harkin said that he did not see a gunman either when he approached the alley or when he was on top of the flat roof that looked down onto the alleyway. He did not see anything that could have been interpreted as a gunman.
2.2.2
South of the Rossville Flats
In his 1972 statement, Mr Harkin said that he had seen two men crawling from ‘the gap between the flats where the shops are.’ He said that he was giving a general impression of what he had seen. He had the impression that the man who was shot had come from somewhere near the steps.
Mr Harkin said that the attitude of the people at the telephone box was panic. People were talking about somebody having been shot and were taking shelter. They were not doing anything that cold be interpreted as threatening towards any of the soldiers. Mr Harkin agreed that the man he had seen shot looked like Bernard McGuigan. He said that Mr McGuigan moved out from the wall slowly.
2.3
QUESTIONS ON BEHALF OF THE SOLDIERS
2.3.1
Waste ground
Mr Harkin believed that the APC on the waste ground was trying to hit people because it took a deliberate turn. Mr Glasgow suggested that Mr Harkin had confused the movements of two vehicles, thinking that it was one vehicle taking a roundabout route. Mr Harkin said that he had a clear recollection of the first APC. He cannot remember the second APC.
Mr Harkin remembers a wire fence being trampled. He did not see any kind of confrontation or physical fighting with the soldiers.
2.3.2
Joseph Place/Columbs Wells
Mr Harkin said that the first time he thought of firing from the city walls was when he entered the gap between the two blocks of Joseph Place. The people who were already there told him that there was shooting coming from the city walls.
Mr Harkin heard some more shooting and then a single shot when he got to the Wells. He agreed that it was possible that there was shooting in the area before he heard the single shot.
2.3.3
McKeown’s Lane
Mr Harkin said that he saw a young man with a hunting type gun coming from the McKeown’s Lane area. The gunman had just arrived. Mr Harkin does not know where he had come from. The single shot that he had heard was further up towards Fahan Street. Mr Harkin said that he met the gunman after he heard the single shot. Everything was over by the time he met the gunman.
Mr Harkin had not told the 1972 statement takers about the gunman because it was not near where the shooting took place.
2.3.4
Waste ground
Mr Harkin agreed that it is possible that the black soldier got out of a heavier vehicle rather than a jeep. He does not think that the black soldier was nearer the direction of Kells Walk. He had not seen the black soldier fire.
2.4
FURTHER QUESTIONS ON BEHALF OF THE TRIBUNAL
2.4.1
St Columbs Wells
Mr Harkin said that he heard a shot which hit the wall on the west side of St Columbs Wells. It came after the wounded people had been put into cars and been driven away.
2.4.2
Civilian gunman
Mr Harkin met the young man carrying a hunting type gun, five or ten minutes after the wounded had been taken away in cars. Mr Harkin got the impression that the man was coming to take up a shooting position. The man was not trying to hide the gun.
3 CHARLES McLAUGHLIN’S EVIDENCE
3.1
QUESTIONS ON BEHALF OF THE TRIBUNAL
3.1.1
Barriers 12 and 13
Mr McLaughlin and his friend Tony Morrison went to the Bogside around 3:00pm and rioted at Barriers 12 and 13. Mr McLaughlin said that he assumed there were more rioters at Barrier 14. He saw the march arrive and a few marchers joined the existing riot.
Mr McLaughlin ran away when he saw the army preparing to move.
3.1.2
Glenfada Park North
As Mr McLaughlin turned into Kells Walk he heard some high velocity firing. He could not tell which direction it was coming from.
Mr McLaughlin took shelter at the southeast gable end of Glenfada Park North. He could see a young man lying on his back on the southern side of the rubble barricade. He remembers seeing people huddled against the gable wall. Mr McLaughlin called for help and Father Bradley came out to him.
Mr McLaughlin tried to lift the boy. Bullets were whizzing down Rossville Street from the direction of William Street. Mr McLaughlin crouched down low to avoid being hit. He glanced up and saw soldiers and APCs. His priority was to get the young boy to safety. Mr McLaughlin helped to carry Michael Kelly towards the gable wall.
Mr McLaughlin became aware of more firing into the courtyard of Glenfada Park North. Mr McLaughlin heard Father Bradley beginning to give Mr Kelly the Last Rites. Mr McLaughlin helped to pick Mr Kelly up and the group moved him further into Glenfada Park. The shooting started, Mr McLaughlin saw two soldiers coming through the back of Kells Walk and he ran. He identified himself in the photograph of the group carrying Mr Kelly through the courtyard.
Mr McLaughlin said that the first soldier was holding his rifle on his side at waist level. He was not aiming and was simply firing sporadically from the hip as he walked forwards. Mr McLaughlin heard the bullets splitting the wooden fences whilst he was running. The second soldier was holding his rifle at shoulder height and was firing aimed shots as he walked forwards. Mr McLaughlin was aware of a couple of dozen other people running through the courtyard to avoid the bullets.
3.1.3
Blucher Street
Mr McLaughlin could see a crowd of people gathered around a young boy who he later learned was Michael Quinn. He took Mr Quinn to the medical centre at St Mary’s school. He did not take Mr Quinn to Altnagelvin because both he and Mr Quinn would have been arrested. He was not aware that it was possible to go to Letterkenny hospital.
3.1.4
Cable Street
About an hour after Mr McLaughlin had been in Glenfada Park North, he walked back down Cable Street and met Martin McGuinness and 4 or 5 other men. They told him that at least five other people had been killed that afternoon.
Mr McLaughlin said that none of the group, including Martin McGuinness had weapons.
3.2
QUESTIONS ON BEHALF OF THE FAMILIES AND WOUNDED
3.2.1
Glenfada Park North
Mr McLaughlin said that there could have been 10 to 20 or maybe more shots fired in Glenfada Park North. He was running and took a very short time to get out of Glenfada Park.
3.3
QUESTIONS ON BEHALF OF THE SOLDIERS
3.3.1
Riots
Mr McLaughlin said that when a person confiscated a shield from the Army they would hide it in a garden in the Bogside and hopefully it would be there the next day.
3.3.2
Glenfada Park North
Mr McLaughlin cannot remember anything happening to the north of the Glenfada Park North courtyard when he was carrying Michael Kelly. He said that there was definitely no IRA activity in Glenfada Park.
3.3.3
Michael Quinn
Mr McLaughlin said that Michael Quinn did not speak to him. Mr Quinn was in a state of shock and did not say anything about wanting to go to the nearest hospital.
3.3.4 Martin
McGuinness
Mr McLaughlin said that he knew Martin McGuinness was probably connected with the Republican movement in some way but he could not say for definite.
4 ROBERT BAMFORD’S EVIDENCE
4.1
QUESTIONS ON BEHALF OF THE TRIBUNAL
4.1.1
Rubble barricade
Mr Bamford said that he thought he would be safe from the soldiers once he reached the rubble barricade. There were 60 or so people at the rubble barricade, mostly men in their teens or early twenties. Mr Bamford could see people running across the waste ground towards the Rossville Flats.
Mr Bamford said that initially he wanted to go to Free Derry Corner to listen to the speeches. He said that when it became obvious that the soldiers were moving into the Bog, he stopped to pick up stones and riot. When he first got to the rubble barricade, people were just standing around talking. He did not initially see any of the people at the rubble barricade with stones in their hands.
Mr Bamford said that he and his friends had reached the conclusion that if trouble was going to start; it would start after the march. There was no intention at that time of rioting before the speeches. Mr Bamford said that it was the sight of the APCs that made him pick up stones. He said that everybody seemed to pick up stones in unison. It would have been an instinctive thing to do. Mr Bamford did not see people with pieces of wood in their hands.
Mr Bamford heard live gunfire after the APCs came into Rossville Street. He did not see bullets hit the ground or the rubble barricade.
4.1.2
Glenfada Park North
Mr Bamford sheltered against the gable end of Glenfada Park North. He said that he could hear shooting coming from both sides, Rossville Street and Glenfada Park North.
4.1.3
Glenfada Park South
Mr Bamford went to a small landing at the southern end of Glenfada Park South. He saw a man in civilian clothes with a walkie-talkie in his hand. The man spoke with a Belfast accent and, as Mr Bamford approached, hurried to finish what he was saying. The man was in his 50s, stocky and balding. He was wearing a sports-type jacket. Mr Bamford did not recognise him. Initially he thought that the man was a member of the Creggan/Catholic ex-serviceman’s Association.
Mr Bamford said that he remonstrated with the man and pointed out the stupidity of what he was doing since he was in full view of the Derry Walls. Mr Bamford got the impression that the man was giving some kind of progress report over the walkie-talkie. He got the impression that no one was meant to hear it.
Mr Bamford said that, as he was talking to the man, two or three single shots hit the eastern gable wall of the southern block of Glenfada Park South. He was more or less certain that the shots were fired from an SLR rifle. Mr Bamford said that the only possible position that the shots could have been fired from the Derry Walls to his east.
4.1.4
Catholic/Creggan Ex-serviceman’s Association
Mr Bamford said that what he knew as the Creggan ex-serviceman’s association could have been the same as the Catholic ex-serviceman’s association. He said that the members would patrol each night to ensure that there was no trouble because at the time there had been attacks in Catholic areas of Belfast from loyalist terrorists.
Mr Bamford said that he had heard rumours that the Stickies had Okayed the Association being set up.
4.1.5
Alfie McAleer’s evidence
Mr Bamford was shown Mr McAleer’s evidence. Mr McAleer said that he had seen an old man in a gabardine raincoat and a flat cap who was carrying a walkie-talkie. Mr Bamford said that the man he saw was balding and wearing a sports jacket.
4.2
QUESTIONS ON BEHALF OF THE SOLDIERS
4.2.1
Rubble barricade
Mr Bamford said that there were about 50 or 60 people around the rubble barricade when he decided to stand his ground. He said that he saw the majority of people bend down to pick stones off the rubble barricade. Almost immediately, the shooting started and everyone dived for cover. Mr Bamford does not remember anybody getting round to throwing a single stone.
Mr Bamford did not see any confrontations to the north of the rubble barricade. He did not see any rubber bullets fired towards the rubble barricade. He heard no explosive noises of rubber bullets or gas canisters in the area of the rubble barricade.
Mr Bamford said that he had no doubt that the live rounds started as soon as the soldiers disembarked.
4.2.2
Catholic/Creggan Ex-serviceman’s Association
Mr Bamford agreed that it would be highly unlikely for anyone to start any kind of organisation that patrolled the Bogside or the Creggan without the authority of one or other of the paramilitary organisations.
Mr Bamford said that it would be both the Stickies and Provos in the Creggan who would have the authority to okay someone who wanted to start patrolling the streets.
4.2.3
Glenfada Park South
Mr Bamford said that he had no doubt that the person talking into the walkie-talkie did not want him or any other civilian to hear what was being said.
The shot hit the wall as Mr Bamford was talking to the man.
Mr Glasgow suggested that the bullet holes that Mr Bamford had pointed to on the Glenfada Park South gable end had not been created on Bloody Sunday. Mr Bamford said that he did not say that they were the same bullet holes.
5 JOHN LEPPARD’S EVIDENCE
5.1
QUESTIONS ON BEHALF OF THE TRIBUANL
5.1.1
Barrier 14
Mr Leppard saw a man standing close to him fall over. He never found out who the man was but lifted him and carried him out of the crowd, probably into Chamberlain Street.
5.1.2
South of the Rossville Flats
Mr Leppard remembers running straight across the car park of the Rossville flats and going through a gap. He cannot be sure that he went through the gap between Blocks 2 and 3. He ended up running along the wall of Fahan Street East.
Mr Leppard was aware of a man running next to him in the car park. The man ran through the gap slightly ahead of Mr Leppard. Mr Leppard said that when he got through the gap, he stopped to catch his breath. He looked up and could see that the man who had been running in front of him was lying face down a few feet in front of him. He did not see the man fall or what had caused him to fall.
Mr Leppard saw the man’s left arm twitch. The man seemed to jerk quite violently and fell back down on his face. The man had black hair. Mr Leppard did not see a wound on the man. He had heard shots when he was running and thought that they seemed close by. The man’s head was facing St Columbs Wells. There was nothing near the man that resembled a weapon.
5.1.3
St Columbs Wells
Mr Leppard said that when he got to St Columbs Wells, there were lots of people around. They were coming in and out of houses and there were cars coming and going up the road. At this stage, Mr Leppard could hear shooting.
Mr Leppard helped to lift an injured man into a car. The car was heading across St Columbs Wells and Mr Leppard automatically thought that he was being taken to Letterkenny hospital.
Mr Leppard has a vague memory of helping with two or three other injured people.
Mr Leppard moved further down Columbs Wells, near the corner of McKeown’s Lane. He heard a thud and saw a bullet hit the wall of a house. The bullet hit nine or ten feet up the wall. He said it seemed to have been fired directly at the wall and the bullet embedded itself in the wall.
5.2
QUESTIONS ON BEHALF OF THE FAMILIES AND WOUNDED
5.2.1
South of the Rossville Flats
Mr Leppard said that he had turned sharply to his left after he ran through the gap from the Rossville Flats car park. He agreed that this made it unlikely that he had run through the gap between Blocks 2 and 3. He does not recall going up the Fahan Street steps.
6 JOHN DUDDY’S EVIDENCE
6.1
QUESTIONS ON BEHALF OF THE TRIBUNAL
6.1.1
Barrier 14
Mr Duddy said that he was angry about what had happened the previous week at Magilligan. He said that he wanted to protest in his own way and may have thrown a few stones at the barrier.
6.1.2
Rossville Street
Mr Duddy was standing at a small wall in front of Kells Walk. He saw two APCs turn into the waste ground. He counted to three to himself and saw the doors of the APC open and soldiers jumped out firing rubber bullets.
The soldiers were firing up Rossville Street. Mr Duddy ran along the back of Kells Walk and could hear the crack of rifle fire. The sounds came from further up Rossville Street near the area of Glenfada Park. Mr Duddy thought that it had come from the soldiers he had seen on the waste ground.
6.1.3
John Johnston
Two separate people told Mr Duddy that his brother in law, John Johnston had been shot.
6.1.4
Fahan Street West
Mr Duddy left Kells Walk and reached Fahan Street West. While he was there, he saw a lady cross the road and throw herself on the ground in the middle of the road. Mr Duddy went to her and she told him that she had seen soldiers firing from the walls and so had got down on the ground.
Mr Duddy saw soldiers on the walls but he did not see any firing.
Mr Duddy said that at about the same time, he saw a man being carried from the direction of Abbey Park towards Lisfannon Park. He was carried by three or four men. Mr Duddy said that he was later told that the man was Joe Friel. He could not tell whether it actually was Joe Friel.
7 LIAM McCLOSKEY’S EVIDENCE
7.1
QUESTIONS ON BEHALF OF THE TRIBUNAL
7.1.1
Rossville Street
Mr McCloskey was underneath the pram ramp at the northeast corner of Glenfada Park South. He looked across and saw two bodies lying to the south of Block 2 of the Rossville Flats. He was not aware of people sheltering by the gable end of Block 1.
Mr McCloskey and two of his friends stood up and made their way out in single file with their hands up in the air to try and get to the two bodies. Mr McCloskey saw a soldier near the north end corner of Block 1 of the Rossville Flats. The soldier had short, fair hair. He was about five foot seven and may have been wearing camouflage paint. Mr McCloskey could see either an APC or a ferrat car.
Mr McCloskey said that he heard the sound of a rubber bullet being fired and then three live shots. The bullet hit the northern gable end of the eastern block of Glenfada Park South.
7.1.2
Glenfada Park North
Mr McCloskey ran into Glenfada Park North and sheltered under a car. He thinks the car may have been a Morris Minor and cannot remember whether it was on blocks. He cannot remember anyone else around him in the entrance to Glenfada Park North or behind the cars. He was not conscious of soldiers being around in Glenfada Park North.
7.1.3
Glenfada Park South/Abbey Park
Mr McCloskey went into the courtyard of Glenfada Park South and stayed there for about 20 to 30 minutes. He said that he thought that there was firing from the city walls because people had told him about it.
Mr McCloskey went into Abbey Park and saw a crowd of people standing around a man who was lying on the ground. He heard three or four shots which he thought were fired in his direction.
7.2
QUESTIONS ON BEHALF OF THE SOLDIERS
7.2.1
Waterloo Street
Mr McCloskey said that he has no recollection of Waterloo Street being barricaded at the time of marches.
7.2.2
Safe areas
Mr McCloskey said that in some areas, white lines were painted to delineate the safe area. He remembers a white line at the top of Harvey Street, High Street and William Street. He agreed that there was a possibility that if a soldier went beyond the white lines, he would be killed. He agreed that there was a danger a soldier would get stoned to death.
7.2.3
Corner of Block 1
Mr McCloskey said that the soldier he saw at the corner of Block 1 was half in the open and half hiding.
7.3
FURTHER QUESTIONS ON BEHALF OF THE TRIBUNAL
7.3.1
Stoning
Mr McCloskey said that he was not aware of a soldier being stoned to death by people in the Bogside before Bloody Sunday.
7.4
QUESTIONS ON BEHALF OF THE FAMILIES AND WOUNDED
7.4.1
Safe areas
Mr Coyle said that the white line painted on streets leading down from Waterloo Street was painted on, by agreement with the military, to signify a no-go area. He said that it was not to signify danger, but an area beyond which only the Royal Military Police would patrol.
Mr McCloskey agreed that the white lines had been painted on the streets in or about 1969 when the no-go area became a reality.
8 DAVID MELARKEY’S EVIDENCE
8.1
QUESTIONS ON BEHALF OF THE TRIBUNAL
8.1.1
Rossville Street
Mr Melarkey saw two APCs come down Rossville Street. Soldiers jumped out of the first APC and were shooting their rifles pointing up in the air. There were at least six soldiers walking behind the APCs. Mr Melarkey said that he did not think that the soldiers were firing rubber bullets.
Mr Melarkey said that one of the soldiers was firing as if he was shooting up at the top of Block 1 of the Rossville Flats. Another soldier was firing over the heads of people at the rubble barricade.
Mr Melarkey said that when he heard the APCs come in, he had heard one shot from less than 20 yards from him. The shot came from the back of an APC.
Mr Melarkey remembers having someone in command shouting out ‘do not shoot until you can identify a target.’ The command came from the Kells Walk side. Mr Melarkey was lying flat and when he looked up, he saw a soldier gesturing with his hands for the people at the rubble barricade to get up. Mr Melarkey said that there were a couple of hundred people lying on both sides of the rubble barricade when the soldiers made them all get up.
8.1.2
Free Derry Corner
Mr Melarkey ran towards a working men’s hut in the area of Free Derry Corner. He went inside and could hear bullets striking the area of Free Derry Corner and people squealing and shouting.
8.1.3
Lisfannon Park
Mr Melarkey said that he heard shots coming over his head from the Watts Distillery. They were high velocity shots.
8.2
QUESTIONS ON BEHALF OF THE FAMILIES AND WOUNDED
8.2.1
Rossville Street
Mr Melarkey said that the soldier who was shooting at the rubble barricade was firing aimed shots. The soldier was in a kneeling position. Both of the soldiers that he saw were firing live rounds.
8.3
QUESTIONS ON BEHALF OF THE SOLDIERS
8.3.1
1972 statement
Mr Melarkey said that his 1972 statement was written in his own words. In the statement, he said that he did not hear a nail bomb or a Thompson machine gun. He had said this because people were saying that the British Army was fired on.
9
HUGH KEARNEY’S EVIDENCE
9.1
QUESTIONS ON BEHALF OF THE TRIBUNAL
9.1.1
Barrier 14
Mr Kearney identified himself on photographs of the scenes at Barrier 14. He said that, in the photograph, it was possibly a bottle or brick that he can be seen carrying. Mr Kearney said that he did throw a bottle or brick.
9.1.2
Chamberlain Street
Mr Kearney looked north to the top of Chamberlain Street and saw soldiers in William Street facing south down into Chamberlain Street. One soldier pointed his gun down Chamberlain Street. Mr Kearney began to run and he heard the crack of rifle fire. He did not see John Friel pick up a brick to attack a soldier. Mr Kearney recalls hearing a lot of rapid fire. He could not tell whether it was a machine gun. He could not tell which direction the fire was coming from.
9.1.3
Rossville Flats car park
Mr Kearney hid behind the low wall which runs in front of Block 2 of the Rossville Flats. He saw soldiers behind the wire fence in the waste ground and at the gable end of the west side of Chamberlain Street. He distinctly remembers one particular soldier at the end of Chamberlain Street who was aiming towards Block 2 of the flats. Father Daly was crouched over a person who was lying in the car park. Mr Kearney did not see a civilian gunman at the gable end of Chamberlain Street.
Mr Kearney said that he saw a man get up from the low wall in front of Block 2 and shout ‘for God’s sake, shoot me.’ He said that he found out later that the man was Mickey Bridge. Mr Kearney heard the crack of a rifle. He said that the man stayed standing but appeared to have been shot in the leg. Mr Kearney does not remember Michael Bradley coming out from the low wall and get shot in both arms.
9.1.4
South of the Rossville Flats
Mr Kearney went through the gap between Blocks 1 and 2. He saw the body of a man who he later learned was Bernard McGuigan.
Mr Kearney can be seen in photographs of the scenes at the south side of the Rossville Flats.
Mr Kearney said that he heard shots begin again. He assumed that the shooting was coming from the walls.
Mr Kearney made his way to Joseph Place. He sat with his back to the wall facing the back of the houses at Joseph Place. He heard the pinging sound of bullets hitting the wall above his head which was between him and the Joseph Place car park. He remembers seeing dirt and concrete chipping away above his head from the top of the wall. He heard 5 or 6 shots above his head.
9.2
QUESTIONS ON BEHALF OF THE SOLDIERS
9.2.1
Barrier 14
Mr Kearney was asked about the object that he was carrying towards Barrier 14. He agreed that it looked like a bottle. He said that, if someone was rioting, it would not be unusual to approach a barricade with something to throw. He said that there could be bottles, stones or rubble lying around.
Mr Kearney said that if there had been acid in the bottle he was carrying, he would not have been holding it by the neck.
10
MARTIN BRADLEY’S EVIDENCE
10.1
QUESTIONS ON BEHALF OF THE TRIBUNAL
10.1.1
William Street/Kells Walk
In his 1972 statement, Mr Bradley said that he reached Porter’s shop when the marchers stopped. He moved back up William Street and was standing by Kells Walk when he heard four shots. Mr Bradley said that now he does not remember hearing four shots or hearing another shot ricochet off a wall.
In his BSI statement, Mr Bradley said that he was standing in the waste ground off William Street when he heard people saying that they were waiting for someone with a handgun who was going to fire back on the Army. He cannot remember people advising one another to leave the area.
Mr Bradley said that someone in the crowd pointed out a bullet hole in the drainpipe.
10.1.2
Westland Street
Mr Bradley reached a point opposite the Bogside Inn. People were milling around in a state of shock. Two cars arrived, either on Westland Street or down the Lecky Road from the direction of the Creggan. Both cars were full of people. He knew them to be members of the IRA. He could not say whether they were armed at the time. They asked people what had happened and walked around trying to take it in.
Mr Bradley said that the cars were either an Avenger or possibly a Ford Cortina. It was the make of cars that made Mr Bradley know the people were members of the IRA.
10.2
QUESTIONS ON BEHALF OF THE SOLDIERS
10.2.1
IRA cars
Mr Bradley said that the IRA cars had a look. A lot of them were hijacked cars with Belfast registrations. He did not recognise the people in the cars.
11
GABRIEL CAMPBELL’S EVIDENCE
11.1
QUESTIONS ON BEHALF OF THE TRIBUNAL
11.1.1
Strand Road/Great James Street
Mr Campbell did not go on the march. He came back to Derry at about 4:45pm. He saw an army officer standing talking on the corner of Strand Road and Great James Street. There was a civilian there who was a Protestant who lived on the Waterside. Mr Campbell wrote the man’s name down on a piece of paper for the Tribunal.
11.1.2
Kells Walk/Columbcille Court
Mr Campbell saw three separate bodies in the area of Kells Walk and Columbcille Court. The bodies were covered up. There were groups of people around the bodies.
12
JAMES FERRY’S EVIDENCE
12.1
QUESTIONS ON BEHALF OF THE TRIBUNAL
12.1.1 Tape recordings of Victoria Barracks
Mr Ferry did not attend the march on Bloody Sunday. He was a member of Provisional Sinn Fein at the time and was given a tape cassette of telephone conversations to and from Victoria Barracks that had been recorded illicitly. Mr Ferry had moved from Derry to Donegal in October 1971. He said that he had been a member of Provisional Sinn Fein whilst he was living in Derry.
Mr Ferry said that he cannot remember who gave him the tape but said that he was given it sometime after Bloody Sunday. He said that it was probably given to him by a member of Provisional Sinn Fein from the City of Derry. The tape was seized in May 1976 by the Gardai from Mr Ferry’s house.
Mr Ferry said that he was an organiser for Sinn Fein and would be issuing statements to the press. The tape was one of the things that was given to him. He was not given any specific instructions about what he was supposed to do with the tape.
When Mr Ferry gave his statement to the BSI in 1999, he had not seen a copy of the tape since 1976. Mr Rawat told Mr Ferry that his recollection of the content of the tape was broadly accurate. He was asked how he could remember the details of the tape but not the name of the person who gave it to him. Mr Ferry said that he would know a lot of people to see but would not know their names.
12.1.2
Conviction
Mr Ferry agreed that during the raid in 1976 when Gardai seized the tape, bomb-making equipment, a firearm and ammunition was also seized. Mr Ferry pleaded guilty and was sentenced.
12.1.3
IRA
Mr Ferry said that he was not a member of the Provisional IRA at the time of Bloody Sunday or in 1976. He said that he was a member of Provisional Sinn Fein and would not have been privy to who the senior commanders of the IRA were in Derry at the time of Bloody Sunday. Mr Ferry did know Martin McGuinness in 1972 but did not know what position he held in the Derry IRA.
Mr Ferry said that he did not know who was in the Provisional IRA in Derry in 1972. He did not know what orders were given to the IRA. Mr Ferry said he could not help as to what activities the IRA had taken part in on Bloody Sunday.
12.2
QUESTIONS ON BEHALF OF THE SOLDIERS
12.2.1
Provisional Sinn Fein
Mr Ferry said that he had not discussed whether he should make a statement to the BSI with members of Sinn Fein. He agreed that he had decided to publicly acknowledge that Provisional Sinn Fein had tapped army and RUC telephones without discussing it with any members of Provisional Sinn Fein.
Mr Ferry agreed that he held a senior enough position in Sinn Fein to be trusted with the tape. He said that this was the only tape of a telephone tap he had. He had not received any communication about the organisation’s participation in Bloody Sunday.
Mr Ferry said that he dealt with Sinn Fein and not the IRA.
12.2.2
Conviction
Mr Glasgow asked Mr Ferry whether the bomb making equipment and ammunition that was found in his home had been left with him in his capacity as a member of Provisional Sinn Fein. Mr Ferry said that a lot of people came and left parcels with him and told him that somebody would collect the parcel. He never questioned it.
Lord Saville asked Mr Glasgow to observe the Tribunal’s ruling on incidents after Bloody Sunday. He said that Mr Glasgow was entitled to challenge a witness’s answers but the Tribunal would be assessing evidence.
12.3
FURTHER QUESTIONS ON BEHALF OF THE TRIBUNAL
12.3.1
Provisional Sinn Fein
Mr Ferry said that he was unaware who were the leaders of Sinn Fein in Derry in January 1972 or in October 1971 when he left Derry. He said that the officers changed.
12.3.2
BSI audio experts
Mr Rawat told the Tribunal that the BSI audio experts are examining the tape and a report would be commissioned. The tape was produced to the BSI by Greg McCartney, the solicitor acting for the Wray family. The tape and transcript had been sent to Mr McCartney anonymously.
13
JAMES McCAFFERTY’S EVIDENCE
13.1 QUESTIONS ON BEHALF OF THE TRIBUNAL
13.1.1
Transmissions
Mr McCafferty said that he listened to army and perhaps police transmissions on 28th and 29th January 1972. He thinks that he heard more army than police transmissions.
Mr McCafferty said that it was believed that the Provisional IRA kept guns and ammunition at the Rossville Flats. His belief stemmed from the time when the IRA operated checkpoints. He said that, on quite a few occasions when he passed the Rossville Flats, he would see cars stopping at checkpoints. He said that he had no proof that the IRA kept weapons there but he thought that they did. People would have disappeared into the flats with weapons and he is sure that they came out without them. Mr McCafferty said that he was fairly confident that he had seen this before Bloody Sunday but he could not be 100% sure.
13.1.2
IRA cars
Mr McCafferty said that it was fairly well known locally that the Provisional IRA used Cortina cars. He remembers this from seeing them at checkpoints.
13.2
QUESTIONS ON BEHALF OF THE SOLDIERS
13.2.1
Magazine Gate
Mr McCafferty saw 8 to 10 soldiers at the bottom of Magazine Street. He said that the soldiers were standing around but he did not notice them manning a barrier. He was not conscious of a barrier at Magazine Gate at all.
13.2.2
Transmissions
Mr McCafferty said that he listened to radio messages but he is not sure whether other people did. He was not aware of radios being made available to people to listen in. He listened to conversations on either the Friday or Saturday night before the march.
Mr McCafferty was asked about Frankie Boyle’s evidence. Mr Boyle said that he saw weapons being moved out of the Rossville Flats at about 2:00am. Mr McCafferty said that he would not have been listening to army activity at 2:00am. He said that at the times he had listened, there were reports of weapons being taken out of the Rossville Flats.
Mr McCafferty said that he heard about half a dozen journeys to and from the Rossville Flats. One of the messages he heard came through that a foot patrol had been stopped by a civilian who said that weapons were being taken out of the Rossville Flats. He did not hear any communications which suggested that anything was being done about the carloads of weapons.
Mr Glasgow suggested that Mr McCafferty could not have overheard these conversations in the days immediately before Bloody Sunday. Mr McCafferty disagreed with this.
14
JAMES QUINN’S EVIDENCE
14.1
QUESTIONS ON BEHALF OF THE TRIBUNAL
14.1.1
Barrier 12
Mr Quinn saw a crowd of 50 to 60 people throwing stones and bricks at the barrier on Little James Street. He threw some stones and moved around the area to collect more stones to throw at the soldiers. One of the men in the crowd was hit in the face by a CS gas canister. Mr Quinn could not say whether the man that was hit had been throwing stones. Mr Quinn and another man carried the man to Eden Place.
14.1.2
Rossville Street
Mr Quinn ran down Rossville Street and gathered up a few stones to throw at the APCs. He reached the northeast corner of Block 1 of the Rossville Flats. Mr Quinn assumed that the APCs would come down Rossville Street, swing into the car park and drive out again without stopping. Mr Quinn said that he had seen this before. It was a tactic used by the Army to scatter people during riots.
14.1.3
Riots
Mr Quinn said that he had been present at riots before Bloody Sunday. He had never thrown petrol bombs or nail bombs. He said that he had seen other people throw nail bombs and petrol bombs on dozens of occasions before Bloody Sunday.
Mr Quinn said that he had heard shots fired during riots at which he had been present. He said that he did not know who was firing the shots. They could have been fired by soldiers.
14.1.4
Rossville Flats car park
Mr Quinn saw the first APC swing in a clockwise direction in the Rossville Flats car park. The back door opened and soldiers started to get out. Tommy Harkin panicked and started to run towards the centre of the car park. As he did, the second APC swung into the car park and its bumper hit Mr Harkin, throwing him into the air. Mr Quinn said that it looked to him as if Mr Harkin had been deliberately knocked down because the APC had followed him around.
Mr Quinn went to try and rescue Mr Harkin. Mr Quinn said that a soldier came up and tried to hit him across the head with the butt of his rifle. Mr Quinn slipped on the ice and the soldier hit Mr Harkin instead.
As Mr Quinn moved towards the gap between Blocks 1 and 2, the shooting started.
14.1.5
Rubble barricade
Mr Quinn said that there was a group of people standing around the wall near to the telephone box, including Barney McFadden and Barney McGuigan.
Mr Quinn could see soldiers moving slowly down Rossville Street. Someone said that they would have to stop the soldiers coming further into the Bogside. A group of about six people, including Mr Quinn, moved out and stood behind the rubble barricade. Mr Quinn started throwing stones at the soldiers. Some of the people went to the northern side of the rubble barricade. Mr Quinn cannot recall seeing anyone arrested.
Mr Quinn said that the stone throwing did not last very long because the soldiers started to shoot and everybody ran away. After the shots were fired, some people fell to the ground.
Mr Quinn did not see anybody at the rubble barricade with a firearm; nail bomb, petrol bomb or any form of weapon other than a stone.
14.1.6
South of
Block 1
Mr Quinn said that he saw a young man fall on the northern side of the rubble barricade. He said that he and Barney McFadden moved from a position behind Block 1 and picked the boy up. Mr Quinn said that the boy had been shot in the stomach. Mr Quinn was told that Mr McFadden had not referred to this in his evidence and that the evidence suggests that Hugh Gilmore got to the southern end of Block 1 unassisted. Mr Quinn said that he is still convinced that he brought someone back from the rubble barricade.
Mr Quinn said that he tried to go out to the rubble barricade again to bring a second person back but he could not get out because of the gunfire.
Mr Quinn sheltered behind the gable wall and heard another burst of gunfire. He saw a soldier hobbling north up Rossville Street and two other soldiers appeared and formed a seat for the soldier with their guns.
Mr Quinn saw three paras standing at the southern end of Glenfada Park North.
14.1.7
St Columbs Wells
Mr Quinn heard several shots which he assumed had been shot from the walls. He saw a man stagger and assumed that he had been shot in the back because he put his two hands back. Mr Quinn ran out and grabbed the man. He said that he was told the man’s name was Campbell.
Mr Quinn was told that Patrick Campbell was shot further north, in between Block 2 and Joseph Place. Mr Quinn said that he had not been in this area.
14.1.8
McKeown’s Lane
Mr Quinn said that he heard two shots hit Coyle’s shop and he saw the dust fly from the wall. He assumed, because of the angle of the shots, they could only have been fired from the city walls.
14.2
QUESTIONS ON BEHALF OF THE SOLDIERS
14.2.1
Riots
Mr Quinn said that soldiers never passed the corner of William Street because they might be attacked or shot. He agreed that, unless he saw who was shooting, he simply could not tell where the shots were coming from. He agreed that if a soldier got out of an APC in the middle of a riot, there was a serious risk that he would be attacked, if not shot at.
14.2.2
Rossville Flats car park
Mr Quinn said that he recalls two APCs. One APC swung around and hit Tommy Harkin. He agreed that he was distracted at the moment that the collision happened.
Mr Quinn was asked about the evidence of William Harley. He agreed that it was possible he had knocked the soldier over when he was trying to get away. Mr Quinn did not see any hand-to-hand fighting with paras.
Mr Quinn did not throw stones at the APCs because Mr Harkin ran away and was knocked down. Mr Quinn had to drop the stones to try and assist Mr Harkin.
14.2.3
Rubble barricade
Mr Quinn said that some people had run out from the Glenfada Park area into Rossville Street to throw stones. He agreed there was a lot of noise and confusion and said it is possible that rubber bullets were fired.
14.2.4
St Columbs Wells
Mr Quinn said that the man he saw who he thought had been shot in the back was on his own. He does not have a recollection of taking the man into a house. He assumed that the man had been out into a car.
15
ANTHONY McCALLION’S EVIDENCE
15.1
QUESTIONS ON BEHALF OF THE TRIBUNAL
15.1.1
Creggan Street
Mr McCallion was driving to Altnagelvin hospital with his father in law, John Duddy and brother in law Jimmy Duddy, to see John Johnston. The car was stopped by 4 or 5 paras when they were halfway down Creggan Street. There were also 3 or 4 paras standing by an APC near the junction of Creggan Street and Francis Street.
Mr McCallion said that they were told to get out of the car by a Welsh soldier. The soldier did not tell them why he wanted them to get out of the car. Mr McCallion could see two or three lads already spread-eagled against the railings by the cathedral. Mr McCallion said that he and his group were put against the railings and half punched, half grabbed as the Paras searched them.
Mr McCallion saw Father Mulvey and Father Burns whilst he was up against the railings. He did not see Father George McLaughlin.
Mr McCallion heard the Welsh soldier say to the Scottish soldier ‘do them.’ He thought that he would be shot and turned around and saw the Scottish soldier lower his gun and point it in his direction.
Mr McCallion saw a white car coming down Creggan Street. There were four young lads in it. They were stopped by the Scottish para and made to get out of it. The lads were brought down to the railings and treated in a similar way. He did not see any of them hit with anything.
Mr McCallion said that some in the group were swearing and cursing at the paras. He saw a radioman give the Welsh soldier a radio and heard him say ‘Murder? Ha ha.’ The Welsh soldier told the other paras they had to go and they left in an APC before Mr McCallion did.
The BSI adjourned for the Christmas recess. Hearings will resume on 14th January 2002.
Timetable of proceedings
Monday 10
paras 1 to 6
Tuesday 11
paras 7 to 11
Wednesday 12
paras 12 to 15
This is Catherine McKenna’s last report for British
Irish Rights Watch.
We thank her very much indeed for all her hard work as our observer and
wish her well in her new job. Blinne
Ní Ghrálaigh will take over in January, and we wish her luck also.
For Peace Justice & Human Rights
