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Daniel Hegarty: Ex-soldier to challenge murder charge

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Daniel Hegarty
Image caption,

Daniel Hegarty, 15, was shot dead by a soldier during Operation Motorman in 1972

A former soldier is mounting a legal challenge to being prosecuted for the murder of a teenage boy in Londonderry more than 47 years ago.

Daniel Hegarty, 15, was killed in an Army operation in Creggan in July 1972.

In April the Public Prosecution Service (PPS) announced the veteran, who cannot be identified, is to be charged with the teenager's murder.

His lawyers are seeking to judicially review the decision.

The ex-soldier's representatives are expected to argue there was a failure to take proper account of the evidence.

The soldier is also facing prosecution for intentionally wounding Daniel's cousin Christopher Hegarty in the same incident.

At a review hearing in the High Court in Belfast on Monday, Lord Chief Justice Sir Declan Morgan set out steps to ensure media organisations have an opportunity to challenge the current anonymity arrangements which mean the veteran cannot be identified.

Further points cannot be publicised for legal reasons.

Adjourning proceedings, Sir Declan imposed a deadline for dealing with any issues around reporting restrictions in the case

The case is expected to be mentioned again next month.

Daniel Hegarty's sister Margaret Brady said she was disappointed the family's legal team had not been notified of the legal challenge until recently.

She said this was despite judicial review proceedings being initiated some months ago.

Mrs Brady said her solicitor was informed on 23 October proceedings had been commenced and that it had taken exhaustive attempts to gain access to the review papers.

She said the High Court had granted access on 25 November.

"The court has now granted me, on behalf of the Hegarty family and Christopher, Notice Party status so that we can now participate in this Judicial Review," Mrs Brady said.

She added: "Open justice must prevail for all of us."

In 2011 an inquest jury unanimously found Daniel Hegarty posed no risk and had been shot without warning. as the Army moved in to clear "no-go" areas during Operation Motorman.