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30
JUNE - 3 JULY 2003
EVIDENCE HEARD
This week the Inquiry heard from the following witnesses:
Soldier P (Corporal, Motor Platoon, Support Company, 1st Battalion Parachute Regiment); INQ 423 (Private, 2 Platoon, A Company, 1st Battalion Parachute Regiment); Soldier C (Private, Composite Platoon, Support Company, 1st Battalion Parachute Regiment); INQ 1318 (Bandsman, Sergeant, Composite Platoon, 1st Battalion Parachute Regiment); Soldier D (Lance Corporal, Composite Platoon, 1st Battalion Parachute Regiment); Soldier 010 (Lance Corporal, Composite Platoon, 1st Battalion Parachute Regiment); Soldier 028 (Lieutenant Colonel, formerly Captain, 22nd Light Air Defence Regiment) and INQ 665 (Private, Drums Platoon, 1st Battalion Parachute Regiment).
Summary of Evidence
Monday 30 June 2003 Soldier P, INQ 423
Tuesday 1 July 2003 Soldier C, INQ 1318
Wednesday 2 July 2003 Soldier D, Soldier 010
Thursday 3 July 2003 Soldier 028, INQ 665
A full transcript of the proceedings is available at http://www.bloody-sunday-inquiry.org.uk.
Numbers in square brackets refer to the code given to a particular document by the Inquiry.
INTRODUCTION
This week the Inquiry heard from several soldiers who fired on Bloody Sunday (Soldiers P, C and D) two of whom claim to have killed people. Soldier 028 was also an interesting witness. He claimed to have been alone in the Bogside in plain clothes and to have seen 6 people killed and three civilian gunmen.
Soldier P
Corporal, Motor Platoon, Support Company, 1st Battalion Parachute Regiment
Made Statements to the Royal Military Police on 30 January 1972 [B0576] and 1 February 1972 [B0588], to the Widgery Tribunal (undated) [B0591] and to this Inquiry in July 2000 [B0623.0001].
Soldier P was a corporal in Support Company’s motor platoon on 30 January 1972. He was a section commander. He served with the Parachute Regiment for 14 years before being medically discharged. This was his second of three tours of Northern Ireland.
No Memory
Although he admits to having fired 9 rounds on Bloody Sunday and killing two people Soldier P claimed to have no memory whatsoever of what happened. He said this was the only time he ever fired other than on a firing range.
In his statement to this Inquiry, made in July 2000, he did say he recalled travelling in a pig (armoured vehicle) to the hospital when three of the dead were taken to the mortuary. However he did not remember actually going to the mortuary. When shown them Soldier P said he did vaguely recall the names of Sergeant O, his platoon sergeant, and Major Loden, his company commander.
Earlier Accounts
Soldier P made a statement to the Royal Military Police (RMP) at 22:30 on the evening of 30 January 1972 [B0576] and a brief supplementary statement on 1 February 1972 [B0588]. He also made a statement to the Widgery tribunal, although this is unsigned and undated [B0591] and gave evidence to Lord Widgery [B0604].
The Presbyterian Church
In his Widgery statement Soldier P said he was posted as an observer on the small flat roof of the boiler house adjoining the Presbyterian Church. The intention at this time was that the rest of the platoon would break through the wall immediately to his left (east) to gain access to the waste ground to the south and from there to William Street. Others were on the larger flat roof of the GPO sorting office further east. They were cutting barbed wire when they were stoned by rioters close to Aggro Corner. Soldier P also recorded hearing the shot which hit a drainpipe on the church. The platoon was then pulled back to the vehicles where they waited for 10 minutes before driving to barrier 12 in Little James Street. However in answer to a question from Mr. Toohey Soldier P said he could not now even remember the church or being on a roof.
Firing by Machine Gun Platoon
In evidence to Lord Widgery Soldier P said he did hear the five shots which were fired by Soldiers A and B of machine gun platoon from the derelict building on William Street. At the time he assumed that these shots had come from the Rossville Flats. He made the same assumption about the shot which hit the church.
Going In
In his account to the RMP later that day Soldier P said he deployed with his section at 16:10. There were 9 of them in Sergeant O’s pig, 7 with SLRs and 2 with riot guns. Soldier P admits to having cocked his rifle before getting into the vehicle to the annoyance of Company Sergeant Major Lewis. Cocking a rifle without an immediate threat was contrary to the Yellow Card, the army’s rules of engagement. In his Widgery statement Soldier P changed his evidence to having cocked his weapon when he debussed from the vehicle. He could not explain why he had altered his evidence.
Soldier P recorded that there were 4,000 people rioting as they went in. In evidence Soldier P said the figure must have been his estimate. The rioters moved back about 75 yards towards Rossville Street as they drove through the barrier. However when he came to give his Widgery statement he spoke only of 70-80 rioters.
Pictures of Debussing
In evidence to Lord Widgery Soldier P had said he was wearing a gas mask and debussed from the pig before it turned off Rossville Street to enter the mouth of the Rossville Street car park. Three soldiers are pictured behind the open doors of the pig in Rossville Street, the one in the middle is clearly wearing a gas mask [P0593]. Video 48, which shows the Support Company convoy entering Rossville Street, shows that as Soldier P’s pig stopped rubber bullets were fired from inside as soldiers debussed.
The RMP statement goes on to describe debussing 75-80 yards from the Rossville Flats. The rioters had dispersed with around 200 running towards the Rossville Flats. Soldier P and 2 others deployed to the right of the pig and went towards the west side of Rossville Street. He describes immediately being stoned and bottled by about 20 people who were advancing towards them from the rubble barricade 50 metres away. One of the soldiers with him had a rubber bullet gun and fired at the crowd causing them to split. Although he does not record it and now claims not to remember, Soldier 017’s evidence is that he was with Soldier P and that he had a rubber bullet gun.
Nail Bomber
In his RMP statement Soldier P claimed that as the crowd parted he saw a man aged 23-25 wearing a light coloured jacket. Soldier P claimed to see the man light an object which he saw fizzle and had sparks coming off it. He shouted a warning to others before firing two shots at the man. His first shot hit the ground and the second hit the man in the chest. The man went down and the crowd surged forward to collect the body. The lit nail bomb did not explode and the crowd also took this away. When asked about this in evidence Soldier P said he had no recollection of the incident at all, although according to him he killed the man and this was the first time he had ever fired in anger.
Soldier P’s evidence to Lord Widgery placed the alleged rioters and nail bomber in a completely different position. Then he said there was a crowd of 50-70 throwing stones and bottles from Columbcille Court and Kells Walk. He advanced towards the crowd at a wall south of the Kells Walk pram ramp. In his Widgery statement he claims the crowd dispersed into the alleyway to Columbcille Court and the alleyway under the pram ramp. By the time he and his colleagues got to the pram ramp the crowd had gone. There are photographs of Soldier P and Soldier 017 at this wall [EP0033.0007, EP0023.0007, P1119].
Inconsistencies
In this account it is when he is at the wall of the pram ramp that a crowd throwing bottles and stones surges from the alleyway to the west. Soldier 017fired rubber bullets to disperse them and the nail bomber emerges from behind the crowd as they split up. His trajectory photograph used at the Widgery tribunal [P0022] marks his position as at the south end of the Kells Walk pram ramp and the nail bomber only a few yards in front of him at the end of the alleyway leading to Glenfada Park North.
He also gave contradictory evidence to Lord Widgery about whether or not he had seen the man strike the match before lighting the alleged nail bomb. At one point he claimed he had seen this and then claimed he had not. Now he says he cannot recall and that he cannot explain why he said both.
In the Widgery accounts he also claims to have come under high velocity gunfire from the direction of the rubble barricade. This was not mentioned in the RMP statement. Soldier P claimed 2 shots were fired over his head and hit the wall behind him. When questioned by Christopher Clarke QC he denied the later inclusion of high velocity gunfire was an embellishment of his original account. His evidence was that there were quite a lot of people at the rubble barricade when the shots were fired.
Gunman at the Rubble Barricade
In his RMP statement Soldier P claims to have come under low velocity gunfire as he advanced towards the rubble barricade. He describes two bullets striking the wall behind him and going to ground. He then said he saw a man get up from the barricade and point a pistol at him. But before the man could fire Soldier P fired 4 shots missing with the first but hitting him with the other three. He said the man fell backwards.
Again he contradicts himself in his evidence to Lord Widgery where he makes no mention of the two pistol shots or going to ground. Soldier 017, who was with Soldier P, made a statement for the Widgery tribunal [B1482] in which he claims to have seen a man with a pistol coming out of the alleyway leading to Columbcille Court. He claims to have fired a rubber bullet at him and then retreated.
Missing Shots
Finally Soldier P claims to have fired shots over the head of a crowd in an attempt to disperse them. This was completely contrary to the Yellow Card. In his first statement made the same evening he said he fired 5 such shots however two days later he made a supplementary statement to the RMP in which he claims it was only three. He agreed he would have to have counted the number of rounds he fired before making his first statement and could not explain why he had changed his evidence from firing a total of 11 rounds to only 9. However he insisted 9 was the correct figure.
Firing Over Heads
Soldier P claimed that after killing the alleged gunman at the rubble barricade everyone dispersed leaving only a few people close to the entrance to the Rossville Flats on the west side of Block 1. By this time Sergeant O’s pig had moved from the Rossville Flats car park to close to the north end of Block 1. Soldier P went to the pig however as he did so he saw another crowd emerge from the entrance to Glenfada Park. He claimed there were 50-60 people throwing bottles and stones at him and the pig. He claims to have felt his life was in danger and to have fired warning shots over their heads from a kneeling position. His evidence to Lord Widgery was that he fired “a couple” of shots and that these were fired almost directly south down Rossville Street above the crowd.
What He Did Not See
Soldier P claims not to have any recollection of the circumstances in which Michael Kelly, William Nash, Michael McDaid, John Young and Hugh Gilmour were shot dead. This despite the fact that Soldier F’s shot which killed Michael Kelly at the rubble barricade must have past close to him at the pram ramp. William Nash, Michael McDaid and John Young were all shot dead at the rubble barricade but Soldier P claimed to know nothing about their deaths. Hugh Gilmour was shot as he ran toward Block 1 of the Rossville Flats but again Soldier P could not tell the Inquiry anything about his shooting. Nothing appears in any of his statements or evidence to Lord Widgery about these shootings. However it is clear all 5 were killed before Soldier P moved to the north end of Block 1. Furthermore no one killed at the barricade was hit with three shots, as Soldier P claimed was the case with his alleged gunman.
Christopher Clarke QC pointed out that on the soldiers’ evidence there are only two candidates for the killers of Mr. Nash, Mr. Young, Mr. McDaid and Mr. Gilmour. They are Soldier J, who claims to have fired a single shot at an alleged nail bomber but which he says struck the barricade, and Soldier P. Soldier P denied killing 4 people at the rubble barricade and said he did not know who did kill them. He said he was not aware of any problem in explaining who killed those whose bodies the army had recovered from the barricade. He said he was not aware of any conspiracy of silence.
No Corroboration
No other soldier corroborates Soldier P’s account of killing a man with a pistol at the rubble barricade or his firing shots over the heads of a crowd. In his first RMP statement Soldier 017 refers to firing baton rounds to disperse a crowd but makes no mention of Soldier P firing. However on 4 February 1972 he made a further statement alleging he did see the nail bomber shot but he does not place this as having occurred at the alleyway as Soldier P subsequently claimed. Instead he claims to have encountered a man with a pistol in the alleyway and then heard him fire two shots. Soldier P denied Soldier 017’s second statement was a dishonest attempt to corroborate his first account but that since he then changed his evidence Soldier 017’s account actually contradicts his.
Shot Plots
In the plan attached to his first RMP statement Soldier P’s location when he shot the alleged nail bomber and gunman is adjacent to Glenfada Park North, i.e. much further south than in his written evidence and beyond the alleyways leading to Colombcille Court. The positions of his targets are also much further south. The nail bomber is placed at the rubble barricade close to Block 1 of the Rossville Flats and the gunman to the south of the rubble barricade. Soldier P could not explain the discrepancies.
In the shot plot used at the Widgery tribunal [OS.0001.0818] the positions from which Soldier P claims to have fired at the nail bomber and over the heads of the crowd are reversed suggesting he began firing when in the middle of Rossville Street and then moved west to the pram ramp wall. There are also a large number of photographs taken by several photographers showing the area of the pram ramp. None of these shows a crowd or a nail bomber. Soldiers are also captured on the video in this area but again there is absolutely no sign of a hostile crowd or nail bomber.
Soldier P admitted he was a very good shot. He agreed he would have been capable of shooting someone crouching behind the rubble barricade. Two of those shot at the barricade were hit in the face. Soldier P denied seeing Alex Nash waving from the rubble barricade trying to get soldiers to stop firing.
Debriefing
Soldier P said he had no recollection of an ammunition check but one would have been done. He agreed it would have been done before he made his statement to the RMP at 22:30. He could not explain how he came to claim to have fired 2 more shots than he subsequently said he did or how he managed to specifically account for firing these two extra rounds into the air. He denied he was in possession of unofficial ammunition or there was any attempt to make the numbers tally. He said he knew nothing about Major Loden’s list of engagements.
INQ 423
Private, 2 Platoon, A Company, 1st Battalion Parachute Regiment
Made Statement to the Inquiry on 27 June 2000 [C0423]
INQ 423 said he and others in 1 Para were aware of the ‘no go’ areas in Derry and that they got most of their information from reports in the press. His view was that the soldiers in Derry were Aunt Sallies (i.e. passive targets) and that the rioters in Derry were not being dealt with. He was in A Company.
A Company went through barrier 11 in Lower Road but INQ 423 said they only went a short distance before stopping at a T-junction. This suggested he was at the junction of Lower Road and William Street. When the vehicle stopped he and UNK 592 were posted as sentries. INQ 423 said he could see some of the upper floors of the Rossville Flats.
Gunfire
INQ 423 claimed to have heard loud reports which he believed were explosions in the distance. He did not think they could have been the sounds of rubber bullets being fired however this is what UNK 592 thought. He also heard high velocity single shots which could have been SLR fire.
INQ 423 claims to have heard two bursts of automatic fire which he assumed to be enemy fire. In his statement he said there were “probably” two bursts but in evidence he said there were definitely two. When asked why he was now more sure than he had been when making his statement he said he was absolutely certain about the first burst but the second may have been muzzled or blanked by other firing. Whether this meant he had heard a second burst or had not remained unclear. He claimed to have heard the shots being fired and to have heard the rounds strike buildings.
The only record of automatic gunfire on the radio logs is at 16:45, after A Company withdrew [W0138]. This report locates the gunman over 1.5 kilometres from INQ 423’s position. INQ 423 had no experience of what resident soldiers called the Derry sound, i.e. the echoes and reverberations caused by the city walls and Rossville Flats. However he denied he could be mistaken about his recollection of hearing automatic fire.
Soldier C
Private, Composite Platoon, Support Company, 1st Battalion Parachute Regiment
Made Statements to the RMP on 31 January 1972 [B0068.0012], to the Widgery tribunal on 5 March 1972 [B0068.0015] and to this Inquiry on 27 November 2000.
Soldier C was confused as to which unit he was in on 30 January 1972. He believed he was in motor platoon but in his 1972 accounts he said he was part of Guinness Force (also called Composite Platoon).
Although he now has no memory of it Soldier C had said in his statement for the Widgery tribunal that he had heard a shot at the Presbyterian Church. He said there he was in one of the two 4 tonne trucks when Support Company drove through barrier 12.
Going In
Soldier C said he did not hear gunfire when they debussed in Rossville Street but he may have heard an explosion. However he agreed this might have been the sound of rubber bullets being fired. In his Widgery statement he said that he heard gunfire, and cocked his weapon, but even then he was not sure when he heard it. He went on to say he was instructed to make his way across the waste ground, along the backs of houses to Block 1 of the Rossville Flats. He heard gunfire and rubber bullets being fired as he moved south. There were still some people at the far end of the Rossville Flats car park when he got to the end of Chamberlain Street. He then moved across the mouth of the car park to the north end of Block 1. As he did so he past a soldier at a pig firing into the corner of the car park between Blocks 2 and 3.
Whilst on the waste ground Soldier C did not see, or does not recall seeing, anyone shot. He does not refer to seeing Jackie Duddy, Michael Bridge, Peggy Deery or Michael Bridge shot. However Jackie Duddy’s body must have been in the Rossville Flats car park surrounded by people when Soldier C was at the end of Chamberlain Street.
Kells Walk
Soldier C did not recall being sent by his sergeant to Colombcille Court to collect prisoners however he did recall seeing prisoners. He then described going to the top of a flight of stairs at the north end of Kells Walk. He made his way along the balcony on the west side of Kells Walk. He said he was covering another soldier but could not recall who this was. Soldier D was this soldier but Soldier C said he could not recall the name.
He said he thought he heard automatic fire whilst on the balcony but in evidence conceded it could have been rapid single shots. He did not mention hearing this gunfire in his 1972 statements. When he reached the end of the balcony he was at the top of a pram ramp over looking Rossville Street. He described bricks and petrol bombs thrown towards him by an advancing crowd. He accepted he could not recall this now but said it was a normal occurrence at riots in Northern Ireland at the time.
In evidence to Lord Widgery Soldier C said he had a view of the rubble barricade but he did not see anyone at it. He specifically said he did not see anyone throwing stones or bombs.
Gunman 1
Soldier C claims to have seen a gunman at the south west corner of Block 1. He described seeing the dark shadow of a person in a long coat holding what he claimed to think was a Kalashnikov rifle. He claimed he would not have opened fire had the gunman not done so. He said, “I would not shoot a man just because he was carrying a gun.” However he admitted he could not actually recall the man firing.
In his RMP statement he just claimed to have seen a man, heard a shot and then seen the man “with a long stick like object” which he brought to an aimed position. Soldier C then fired two shots believing to have hit the man with his second. In evidence he agreed he would not have taken his eye off the man once he thought he had a weapon and he could not therefore have missed seeing him fire had he done so.
His account in his Widgery statement was that his attention was drawn to the location by the sound of a shot. He looked to see a man with what looked like a weapon in the aimed position. However the man went back behind Block 1 before Soldier C could shoot him. He then says the man came back and Soldier C took aimed but did not fire immediately. The gunman fired 2 shots before Soldier C fired twice. In evidence Soldier C claimed this version was probably closest to the truth. He could not explain why he had failed to mention seeing the gunman fire twice in his statement to the RMP made that evening. He denied he was advised to say the gunman had fired and definitely had a gun to avoid the possibility of being charged with murder.
In evidence to Lord Widgery Soldier C had said he was lying on the ramp at the end of the balcony when he fired. However photograph P0271 shows that the view of Block 1 from this position is obstructed by the wall of the ramp. If he was lying down Soldier C could not have seen the gunman. Soldier C said he remembered someone at the Widgery tribunal “made a fuss” about this. Although his evidence to Lord Widgery was clear that he was lying he now says he may have been kneeling or standing when he fired.
Gunman 2
Soldier C then said his attention was drawn to a window on the third floor of Block 1 of the Rossville Flats where he saw a long haired man with a pistol. He described the man as firing indiscriminately a 9mm or Luger pistol. In his statement to this Inquiry he referred to the man firing 9-12 shots. Soldier C then fired one shot at the man but missed hitting the wall above the window. He then fired twice more and the gunman did not fire again. He said he did not remember if he hit the man or if the window broke but he did remember seeing brick dust when he hit the wall.
In his RMP statement he referred to hearing a shot and seeing the flash of a weapon fired from inside the flat. He saw a man holding a pistol in his left hand. He fired a shot which hit the wall and the gunman disappeared. Soldier D then joined him. The gunman reappeared and fired 2 shots at the troops in Rossville Street. Soldier C fired twice and the gunman was thrown back. He thought he hit him in the chest or arm. Soldier D also fired once.
He identified the window as the 4th window to the right on the third floor. However that flat was occupied by Eileen Gallagher. She was at home with visitors and no shots came through her window. There was no gunman in the room. However Soldier C insisted the trajectory photograph which identified the flat was accurate.
Soldier C said he had finished firing before Major Loden called a ceasefire. He remembered being asked how many rounds he had fired but he could not recall who asked him. He said he would have been asked a few times. He did not recall being asked by Captain 200, the officer commanding Composite Platoon, who produced a record of who fired [B1982].
INQ 449
Another soldier, INQ 449, claims he was with Soldier C when a gunman with a pistol fired at them from Colombcille Court. He says Soldier C fired at the window but hit the sill and chipped the brick. He then says the gunman returned, fired twice and was shot by Soldier C. He also claims to have fired. Later he claims to have been lying on the waste ground with Soldier C pointing their weapons at a priest. He also says they were both fired on by mistake by army snipers from the Embassy Ballroom.
Soldier C said INQ 449 was mistaken and nothing like this happened.
When Soldier C made his statement to the Widgery tribunal in addition to Mr. Heritage, the solicitor, there was a Major (INQ 1385) present.
Firing to Frighten
It was put to Soldier C that the prisoners he escorted before going to the balcony on Kells Walk had been arrested at Glenfada Park North. These people were the only group to be escorted from this area and therefore they must have been those Soldier C was involved with. These people were arrested very late on, consequently most of the shooting must have finished before he engaged his alleged gunmen. Arthur Harvey QC, on behalf of some of the families, suggested Soldier C did not fire at the targets he alleged but that he was firing over people’s heads as they were trying to help the dead and injured into ambulances. There is no photographic evidence to support Soldier C’s account of his firing however witness and video evidence demonstrate people, including Father Mulvey, were fired on or close to, as they were tending to the bodies. Soldier C denied this.
In November 1996 Soldier C was sentenced to three years imprisonment for obtaining £12,000 by deception for over pricing a building job. He pleaded guilty.
INQ 1318
Bandsman, Sergeant, Composite Platoon, 1st Battalion Parachute Regiment
Made Statement to the Inquiry on 25 January 2000 [C1318]
INQ 1318 was a sergeant and bandsman in Head Quarters Company. He was a member of Guinness Force, also called Composite Platoon, on 30 January 1972. He was not commanding a sub unit as he had suggested in his statement. He was part of the half platoon, call sign 71, under Captain 200.
When he debussed in Rossville Street INQ 1318 says he was instructed to secure a housing estate to the right. Captain 200 actually led his half platoon across the waste ground to the left but by the time he got to Block 1 of the Rossville Flats there were only 10 of the original 18 men with him.
In a lull in the shooting INQ 1318 also refers to seeing a man bobbing up and down like a jack in the box at the rubble barricade. He agreed the scene of Alex Nash waving from the rubble barricade on Video 48 was not inconsistent with what he saw. He heard the man shout that he had been shot in the shoulder and saw him led away by a priest. He then heard more gunfire.
He had never been asked to make a statement in 1972. He denied ever speaking to anyone about what happened and denied blocking out of his memory what happened.
Soldier D
Lance Corporal, Composite Platoon, 1st Battalion Parachute Regiment
Made Statements to the RMP on [B0085.0021], to the Widgery tribunal on 5 March 1972 [B0085.0023] and to this Inquiry on 22 July 2000 [B0085.0001]
On 30 January 1972 Soldier D was a member of Guinness Force, also known as Composite Platoon. This was a platoon made up from various sources including clerks, cooks, musicians, etc. Soldier D was a musician. He did not know the other members of Composite Platoon very well.
Soldier D dropped his baton when they debussed in Rossville Street. He threw it back into the truck leaving him with just his SLR. His Widgery statement refers to someone shouting that they were under fire but he did not hear any shooting.
Arrestees
Soldier D was asked to take charge of a prisoner who he thought said his name was Finn. However it seems the man was in fact Joseph Lynn who was arrested by Soldier 229. Soldier D took the man to William Street where there were 3 other prisoners with two troops guarding them. They stopped first at a wall in Rossville Street and then went round the corner into William Street. Whilst there Soldier D saw a man who was wounded in the shoulder. There was another man helping him. The man said he had been shot or the man with him said he had. Soldier D had never mentioned this incident before. He thought the two men were being escorted by two soldiers. After about 5 minutes a group of about 15 prisoners was brought up Rossville Street and on up Little James Street. Soldier D was told to follow with his prisoner and he handed the man over to the RMP.
Kells Walk
Soldier D then went back to rejoin his unit in Rossville Street. In his statement to the Inquiry he referred to hearing small arms fire but had no recollection of this by the time he gave evidence. In his Widgery statement he refers to joining his party near the front of Colombcille Court and hearing gunfire and rubber bullets. In his statement to this Inquiry he says he went to join his colleagues at Kells Walk but that by the time he got there they had moved further south. He went up the steps at the north end of Kells Walk and onto the veranda. He then made his way south along the veranda.
Whilst on the veranda he was over taken by Soldier C. He then heard a low velocity shot before he joined Soldier C at the south end of the veranda. Soldier C told him there was a gunman with a pistol firing from the third floor of Block 1 of the Rossville Flats.
Soldier C Firing
Soldier D said he did not recollect hearing Soldier C fire before he joined him and he does not refer to Soldier C having fired in his RMP statement. However in his Widgery statement he does say he heard Soldier C fire before joining him. He had no recollection of Soldier C firing at a gunman with a Kalashnikov rifle and if he had fired it was only one round. Soldier C claims to have fired two rounds at a gunman at the corner of Block 1 and a further shot at the gunman on the third floor before Soldier D joined him.
Window on 3rd Floor of Block 1
Soldier D claims to have seen an arm holding a pistol at a window on the third floor of Block 1. He said the pistol was pointing at troops. He claims the pistol was fired and he saw the arm jerk up. He did not see any flash from the muzzle. He and Soldier C were kneeling and each fired one round at the gunman. Soldier C claims to have missed, hitting the window frame. The arm disappeared but reappeared a couple minutes later. He heard the pistol fire again and he and Soldier C again fired one shot each. Both shots hit the window about half way up. There were two holes close together in the window. He claims to have waited for the man with the pistol to fire on each occasion before returning fire himself. He said he was certain there was a pistol and that it was fired. He said neither he nor Soldier C moved between shots.
However Soldier C says he fired at the window and missed before Soldier D joined him and he then fired 2 more rounds at the window both of which struck the window. Both soldiers refer to only two holes in the window. In fact the only record of a window being struck by gunfire on the west side of Block 1 is Mrs McCrudden’s flat (12 Garvan Place). Her window was hit by 6 shots fired by Soldiers F and G. There is no evidence of any other window being hit on this side of Block 1 and the flat identified by Soldiers C and D belonged a Mrs. Gallagher and it was not damaged.
Soldier C refers to having seen the gunman fire before he fired his first round and he only saw him fire on two occasions. Soldier D also refers to the pistol being fired on two occasions. However on both Soldier C and Soldier D’s evidence C had already fired once at the gunman before D arrived. Since Soldier C says he fired only after the gunman himself had fired, if D is right (that he saw the gunman fire twice), he must have fired three times and Soldier C failed to notice.
Ambulance and Priest
Soldier D recalled seeing a priest waving a white handkerchief and an ambulance at the corner of Block 1 of the Rossville Flats. He said this was later on after the engagement with the gunman. He said he had a hazy memory of seeing the priest shouting “don’t shoot” as he approached a body behind the rubble barricade. There was a body lying face down but Soldier D could not tell if the person was dead or alive.
Soldier D said he had no recollection of the ammunition check or being spoken to by Captain 200.
Arthur Harvey QC suggested to Soldier D that since he was with the prisoners brought out of the Bogside before going to Kells Walk most of the firing was over by the time he says he fired. However there is video evidence of soldiers firing whilst people are trying to remove the bodies of those killed. There is footage of Father Mulvey and a small crowd sheltering behind an ambulance close to the south west corner of Block 1 whilst there is the occasional gunshot. Soldier D denied this was when he fired. He denied firing to terrorise people.
Soldier D denied putting his head together with Soldier C. He denied that the RMP told him what to say. Soldier C and Soldier D both made statements to INQ 1845 on 30 January 1972. Soldier C at 22:30 and Soldier D at 23:00.
Soldier 010
Lance Corporal, Composite Platoon, 1st Battalion Parachute Regiment
Made Statements to the RMP on 4 February 1972 [B1395.0015] and to this Inquiry [B1395.0001]
Soldier 010 recalled making three statements to the RMP in 1972. The only one the Inquiry has is incorrectly dated 4 January. Soldier 010 said he thought this was the first of his statements at it should have been dated 4 February.
Soldier 010 was in Guinness Force or Composite Platoon. He did not recall Captain 200 on Bloody Sunday. He was in the other half of Composite Platoon commanded by Sergeant 002. The only others he could recall being with were Sergeant K and Sergeant 014.
Soldier 010 was armed with a rubber bullet gun and this was the first time he had ever used one. He said he did not think he was ever trained in how to use it but that it was very simple. Captain 200 had recorded that those armed with riot guns also had an SLR or sub-machine gun. Soldier 010 did not recall having any other weapon.
He remembered hearing 2-3 rifle shots whilst at the Presbyterian Church.
Going In
Soldier 010 would have been in the second of the two Guinness Force lorries. He put his gas mask on when he debussed. In his RMP statement he referred to hearing rifle fire. He assumed this was coming from the Rossville Flats and aimed in his general direction. He took cover by the ferret car. He said he had the impression that they had to take the rubble barricade. He saw members of Support Company in aimed positions.
Soldier 010 advanced towards the rubble barricade. He was pretty sure there were no soldiers in front of him as he did this. There was no firing at the rubble barricade before he reached the low wall at Kells Walk. He saw a crowd of people wandering around as if they did not know where to go. They were not hostile. He referred to incoming gunfire in his statement to this Inquiry but did not mention it in his original RMP statement. In evidence he accepted he was aware when he made the RMP statement people had been killed and that incoming fire would have been an important detail to have mentioned. He may have been confusing the incoming fire with a different incident on another day.
Soldier 010 said after the event a soldier told him there were bullets kicking up around him as he ran towards the low wall. Soldier 010 said they all had a good laugh about it. Lord Saville asked if this was because he did not believe it to have happened. Soldier 010 said they just thought it was funny.
Soldiers Firing from the Low Wall
Whilst at the low wall he remembers Soldier L firing two shots towards the flats. There were about 5 of them from Guinness Force at the wall. Soldier 010 said one soldier to his left fired, as did one to his right. He did not see a gunman. He said he had an image of a man being hit as he leant against the rubble barricade. Although he had said in his statement that the man had a rifle he said this may have come from what he had been told after the event. He said Soldiers L and K were at the low wall. He could not remember if Soldier M was there. He said the soldier to his left fired twice towards the doorway at Block 1 of the Rossville Flats. Although he said he saw 2-3 flashes from a pistol he said in evidence he had probably been told this. In his RMP statement he also refers to a body being dragged towards Block 1.
When questioned by Brian McCartney on behalf of some of the families Soldier 010 denied witnessing Soldier 039 fire a rubber bullet through the living room window of Kathleen Kelly who lived in Kells Walk. Ms. Kelly was watching the soldiers firing from below her flat. Her niece shouted down for them to “leave them weans alone” whilst a journalist took photographs from the window. A soldier turned and fired a rubber bullet smashing the window and causing glass to go into her niece’s eyes.
Soldier 028
Lieutenant Colonel, then Captain, 22nd Light Air Defence Regiment
Made Statements to the RMP on 3 February 1972 [B1566] to the Widgery tribunal [B1569.0001] and to this Inquiry on 25 January 2002 [B1582.0001]
Soldier 028 was the Press Officer for the 22nd Light Air Defence Regiment (22 LADR) on 30 January 1972 and reported directly to his commanding officer, Colonel Ferguson. He spent 30 years in the army and did 5 tours of Northern Ireland. He operated in civilian clothes and was accepted by the local press who knew he worked for the army.
Army to Go In Hard
Soldier 028 said he did remember Larry Doherty as a member of the local press but denied giving the briefing to which Mr. Doherty refers in his statement. Mr. Doherty was a photographer and has given a statement to the Inquiry [M0021.0001] in which he describes Soldier 028 standing at the top of a staircase in the foyer of a hotel. Soldier 028 briefed local press that they should stay behind the army on 30 January 1972 because they were going to go in hard. Soldier 028 claimed he could not recall this. He said it was “beyond his remit,” he never briefed the press.
In his statement Soldier 028 referred to the Paras being under the command of 22 LADR on 30 January 1972. He said “I was their press officer for that day.” In fact only D Company of 1 Para was detached to the command of 22 LADR.
Photographs
Records show that Soldier 028 had a photographer with him on Bloody Sunday and his own evidence was that he also took photographs with his own camera. However in evidence Soldier 028 said he could not remember the name of the photographer or taking photographs himself. He was asked about his photographs at the Widgery tribunal but he had not taken them with him when he gave evidence. He said this was because he did not consider them to be of any relevance.
In his RMP statement Soldier 028 referred to briefing the unit’s photographers about the day’s requirements and that the photographs were subsequently sent to Brigade HQ. Soldier 028 said these would have been public relations (PR) photographs rather than intelligence. Soldier 028 told Lord Widgery the negatives of the photographs were still with his regiment.
He then refers to having gone to the city walls with the Daily Telegraph’s military correspondent, Brigadier Thompson. At 14:30 they met Captain 2225 on the walls and he told them he had seen the occupants of two cars handing out nail bombs. Soldier 028 says he saw the two cars and men distributing something. However he did not cause this information to be passed on to anyone and when it came to giving evidence to Lord Widgery he did not mention the incident. In evidence to this Inquiry he said he could no longer recall it.
Paras Going In
Soldier 028’s evidence is that he followed C Company into the Bogside when they went through barrier 14 in William Street. In his RMP statement he says he followed them to Colombcille Court and saw Support Company drive down Rossville Street from Little James Street.
On a map attached to his RMP statement [B1568.0001] Soldier 028 places himself not at Colombcille Court but further south at Glenfada Park North close to the rubble barricade. He also marks the position of alleged gunmen 20 yards behind the rubble barricade (Thompson) and at the south west corner of Block 1 (pistol). He also marks himself as later moving to the north end of Block 1. There is a further ‘x’ marking a position in the alleyway leading to Colombcille Court and Glenfada Park North.
In his Widgery statement he refers to standing behind a wall in front of Colombcille Court on the west side of Rossville Street. When giving evidence to Lord Widgery Soldier 028 said he was in Rossville Street when Support Company drove in. This contradicts his account of following the Paras through barrier 14. He could not have followed C Company in on foot and been in Rossville Street to see Support Company drive in. In fact if he were in Rossville Street before Support Company drove in then he was on his own in the Bogside ‘no go’ area.
When asked why he went into the Bogside Soldier 028 said because it was part of his regiment that had gone in. By this he meant the Paras, who he claimed were under the command of 22 LADR. However the Paras were not under 22 LADR, only D Company was and, on the evidence available to the Inquiry, they never deployed into the Bogside. Soldier 028 was dressed in civilian clothing and carrying a pistol. He denied he was engaged in any under cover role.
Diving for Cover
He claims to have witnessed a shot hitting the first Support Company pig as it came to a halt about 20 yards from the Rossville Flats. He said this was definitely the first shot, that it sounded like it came from an M1 Carbine, and was fired from the direction of Free Derry Corner. However he claims to have escorted an ITN journalist, David Phillips, and his camera team through barrier 14 in William Street as C Company went in. He could not have done this and seen Support Company’s vehicles as they stopped in Rossville Street.
He described himself and Mr. Phillips diving for cover when they heard the shot. Mr. Phillips says he was not with Soldier 028, that he did not dive for cover or hear the shot.
Priest Directing the Crowd
In his RMP statement Soldier 028 claims to have been in Rossville Street when Support Company debussed firing rubber bullets. He claims to have seen a man about 20 yards south of the rubble barricade fire 15 rounds from a sub-machine gun. He claimed later that this was a Thompson. The rounds struck the ground twenty feet in front of soldiers in Rossville Street. There were several people behind the rubble barricade with their backs to the gunman. Soldier 028 also claims there was a priest at the rubble barricade directing the crowd. He said he photographed the priest later on and attached a copy of the photograph to the statement.
He goes on to describe the Paras returning fire on the gunman and taking cover himself. He claims to have seen 4 bodies at the rubble barricade and another where the gunman had been. There were 8-10 people over the body but the next time he looked the body had gone.
Soldier 028 now claims to have no recollection at all of seeing any of the above. He made no mention of the priest directing the crowd or photographing him in his Widgery statement or in evidence before Lord Widgery. Soldier 028 could not explain why he had left out any reference to the priest in his Widgery evidence or why he had claimed at the Widgery tribunal that none of his photographs was relevant. When asked if this was because he was no longer willing to sustain this aspect of his account he said he could not remember.
The only photograph which could appear to be that of the priest to whom Soldier 028 referred is a picture of Father Mulvey. Christopher Clarke QC, counsel to the inquiry, said this photograph [B1568.0002] came either from the Widgery tribunal or the army. Soldier 028 said he did not remember taking the photograph.
Seeing People Killed at the Rubble Barricade
In his Widgery statement Soldier 028 gave a very different account of the shooting at the rubble barricade. Here he claims 5 of the 15 rounds fired by the man with the machine gun were fired before the Paras returned fire. More significantly he claims to have actually seen fall not just the gunman but the four people at the rubble barricade. Previously he only claimed to have seen the bodies after they were shot. It was only after seeing all five being shot that he then claimed to have retreated to an alleyway. Lord Saville asked why his accounts were so different in such important respects. Soldier 028 said he could not explain.
No other soldier claims to have seen a man with a Thompson in the position Soldier 028 describes. No soldier claims to have shot this alleged gunman. Soldier 028 denied he fabricated the account.
Two Shot at South Corner of Block 1
Soldier 028 continues in his RMP statement to describe three bodies being collected at the rubble barricade and then seeing a man with a pistol at the south west corner of Block 1. However in his Widgery statement he says the bodies were not collected until later once he had moved to the north of Block 1. On either account he says the bodies were thrown into the pig, purportedly because the soldiers were in danger of live fire.
His RMP account of the gunman at the south corner of Block 1 claims the man had a pistol. As two civilians approached the man both he and one of those who approached him fell to the ground. The third man then runs off with the pistol. Again Soldier 028 now claims not to recollect the incident in which he claims to have seen two men shot. In his Widgery statement Soldier 028 claims to have seen the body of the pistol man lying behind Block 1 covered in an Irish tricolour. There was no body covered by a tricolour but Hugh Gilmour, who was shot near the rubble barricade and stumbled to the corner of Block 1 before he died, was covered with a Civil Rights Association banner. Again Soldier 028 claimed to have no recollection. However he said the photograph of Mr. Gilmour followed by two civilians at the door to Block 1 looked “very vaguely familiar.”
Taking Cover
Soldier 028 claims to have taken cover in an alleyway behind a ramp where he stayed for about 5 minutes. He said it was possible he was at the point marked ‘x’ on his plan but he could not now remember. It was from this position, wherever it was, that Soldier 028 claims to have seen a Para firing around a corner. Soldier 028 told Lord Widgery he could not see the target and he could not now remember where the soldier was or where he was firing.
Soldier 028 also claimed to have seen a man with a rifle appear at a window on the third floor of Block 1. He said he saw a Para fire several aimed shots and the man disappeared. He then moved to the north end of Block 1.
Preventing Bodies from Being Photographed
Soldier 028 said whilst at the north end of Block 1 a priest was trying to get press photographers to take pictures of bodies in the back of a pig. He saw that the bodies were piled on top of each other with limbs all over the place and knew it would be very damaging to the army if any photographs were revealed. Consequently he says he slammed the door shut and said no one was allowed to take photographs. He said he felt “particularly unsympathetic to the priest” who he described as “helping to grind the axe of the IRA.” When asked why he felt this Soldier 028 said it was because the priest was trying to get photographers to take pictures of the bodies. He said he felt it was his duty to stop this from happening because it would have been damaging to the army. He said he might have told the driver of the pig to move the vehicle.
When asked by Mr. Toohey how he managed to command soldiers who did not know him whilst dressed in civilian clothes Soldier 028 denied having any identification on him but said that by speaking with sufficient authority soldiers would do as they were told. Soldier 028 claimed to have no recollection of soldiers lying to Father Irwin about their being no bodies in the pig.
Soldier 028 then says he witnessed Gerald Seymour interview Father Mulvey and “facilitated” Mr. Seymour interviewing Colonel Wilford.
Soldier 028 denied he was the person seen on one of the videos to cross a line of arrestees being led by soldiers through Colombcille Court. He said he did not know who the person was but he had shown the clip to his wife and daughter and they agreed it was not him.
Soldier 027
Soldier 027 was a member of Support Company’s anti tank platoon and was in Glenfada Park North when people were killed there. In one of his accounts [B1565.0067] he refers to an incident about 2 minutes after the killings as they were withdrawing from the Bogside. Fearing no one would ever know what had just happened Soldier 027 grabbed a pressman and told him “there are a lot of dead bodies down there, you’ve got to come and see them.” However as he was dragging the man off an officer in plain clothes asked him what he was doing. He came to his senses and broke off. Soldier 028 said he could not remember such an incident but agreed it could have been him.
Later Soldier 027 described being back in the pig coasting around the area when a civilian got in and said “You’ll need some PR work around here after all this.” Soldier 028 said this was not the sort of language he used.
Murray Sayle
Murray Sayle was one of the Sunday Times journalists who investigated Bloody Sunday in 1972. A lot of the material gathered by the team was preserved in the Sunday Times archives. This included a memorandum Mr. Sayle wrote to the editor of the Sunday Times in 1972. In the memo Mr. Sayle refers to a meeting he had with Soldier 028 on the evening of Monday 14 February 1972. He says he was invited to Drumahoe barracks for drinks with press officer Soldier 028. The memo says Soldier 028: “shot me an incredible line.” Soldier 028 told him he had been in the Bogside in plain clothes and a wig on Bloody Sunday. He said he had seen the IRA open up with a Thompson killing their own people. He claimed another person was killed with a .303 rifle stolen from the army. He then produced a 14 year old boy who said he had seen the IRA open up with Thompsons and nail bombs. Soldier 028 then launched into a wild rambling tour d’ horizon about how the army had to win in Ulster otherwise Europe would submerge in violence, that there were a lot of Communists involved and that all Catholics were liars. He said he often thought of one of their marksmen knocking off Bernadette Devlin, John Hume and the rest of them ending the whole thing in a matter of days. He ended saying they could not let people back home think the army had shot innocent people in the back. The memo also refers to there being a very detailed model of Derry on a table in the barracks.
Soldier 028 said this was all untrue although he accepted he was in the Bogside in plain clothes and he may have spoken to Mr. Sayle at some point. He denied this would have been at Drumahoe and denied ever wearing a wig. However Mr. Sayle was correct that there was a model at Drumahoe which had been made by one of the soldiers on the instruction of Colonel Ferguson.
In his statement to this Inquiry Soldier 028 refers to the army being pretty truthful and uncomplicated, certainly not devious. He denied he had concocted an account to justify the killings and put the army in the best possible light.
When Colonel Ferguson gave evidence to the Inquiry he said that Soldier 028 should never have been in the Bogside on Bloody Sunday, if he ever was. He said the first he knew of what he had done was when he read Soldier 028’s statement to the Inquiry. He also said Soldier 028 should not have invited Mr. Sayle to Drumahoe.
Bugged Conversation
The Inquiry has tapes of army telephone conversations secretly recorded by the IRA on Bloody Sunday. Soldier 028 is referred to in one of the calls. The conversation is between two LADR officers and concerns what has just happened in the Bogside. Before the reference to Soldier 028 there is a reference to “acorn.” Soldier 028 said this was a code word for an intelligence officer. The conversation continues:
A. “Soldier 028.”
B. “B. Soldier 028, involved was he?”
A. “He was down there.”
Soldier 028 agreed both the people talking obviously knew him. He identified the two voices as those of INQ 1814 and Captain 406. However Captain 406 denies his voice is on the tape.
Intelligence Officer
In his statement to the Inquiry [AS0044.0003] Major Adrian Stickley refers to a conversation he had with INQ 1025 about Soldier 028. He says INQ 1025 told him Soldier 028 had a Daily Express Press Card and was in fact an undercover MILO (Military Intelligence Liaison Officer). Soldier 028 denied he had a press card or that he was ever a MILO. He agreed he had longer hair than ordinary soldiers but denied he was trying to blend in with the residents of Derry.
INQ 665
Private, Drums Platoon, 1st Battalion Parachute Regiment
Made Statement to the Inquiry [C0665]
INQ 665 drove one of the ferret armoured cars on 30 January 1972. He did not think he was with INQ 1822. He thought he was behind barrier 12 before they went into the Bogside. When they went in he parked at the junction of William Street/Little James Street. There he saw prisoners being brought back. He could not hear much over the noise of the engine. He did hear high velocity shots and battened down the hatches. There was a lot of firing and a lot of echoes. It sounded like there was firing all over the place. There were also a lot of bangs but these could have been rubber bullets being fired. He never saw a civilian gunman.
For Peace Justice & Human Rights
