23. Missing Casualties

Transcription

1 23. Missing Casualties 23.1 Missing Casualties I accept that none of the soldiers whom we represent has ever said that he was able to recognise as having been a person at whom he fired any of the individuals who have been publicly identified and named, and accordingly, we are not instructed to contend, and we will not contend, unless of course some new evidence that you produce alters the position, that those individuals who have been identified were armed with lethal weapons. It follows, as has rightly been accepted for a long time, that innocent people were killed on Bloody Sunday. Day 51/21/14 to Day 51/21/ Despite this assertion, the Lawton and Aitken teams, representing the majority of the soldiers, do maintain, at OS7.2/6, Day 51/22/17 to Day 51/26/22 and OS5.8 respectively, that gunmen and bombers, who have never been publicly identified, were killed and injured on Bloody Sunday. These people have been labelled missing casualties The soldiers have had to resort to this implausible fiction because the alternative was to persist with the case made in 1972 that soldiers were justified in wounding and killing people. Soldiers would thus have their credibility tested against the civilian testimony, the testimony of photographers, journalists and priests and the objective photographic and video footage of the events of the day. The fiction of Missing Casualties enables the soldiers to persist in maintaining that their use of force was justified while not having to challenge the evidence which demonstrates that those killed and injured were innocent. We submit, for the reasons outlined below, that the Tribunal should reject this submission for what it is, a stratagem designed to avoid testing the credibility of soldiers against the credibility of those unjustifiably shot.

2 23.2 Diverting Responsibility The document entitled, Claimed Hits at Ground Level, (appended to Counsel Report No. 1), identifies only 23 people to have been, potentially been, hit by army fire in the Bogside, (given that L and M claim to have fired at the same two men crawling from the barrier). Since 25 people were wounded or killed by gunfire on Bloody Sunday in the Bogside, (excluding Alana Burke, who was knocked down by Sergeant O s Humber pig and Patrick McDaid, who was hit by a doctored rubber bullet), the list is already two short. This certainly does not allow for the numerous missing casualties allegedly killed or wounded on Bloody Sunday and necessitates that the soldiers who fired live rounds on Bloody Sunday confess to firing a substantially greater number of shots than they have, until now, admitted. As argued by counsel for the families on a number of occasions, the only proof of the missing casualties theory is the soldiers word that they fired at identified gunmen and bombers. The Paras have been exposed as unreliable and untruthful witnesses The concept of missing casualties was not advanced in Indeed, whilst for the purposes of the current Inquiry the concept of missing casualties is being used to prove that the IRA and/or civilian gunmen were active on Bloody Sunday, on the evening of 30 th January 1972, precisely the opposite case was being made. The following extract from the SitRep transmitted at 23:59 pm on Bloody Sunday demonstrates the point: As for the 13 civilians killed, there is an obvious discrepancy between the 5+ claimed hit by 1 PARA and the total number dead. A possible explanation lies in the nature of the indiscriminate fire from the gunmen, coupled with ricochets, possibly from both sides. G This suggestion was short-lived and was not advanced to explain the deaths and injuries suffered by the Bloody Sunday victims. In any event,

3 the ballistic evidence demonstrated that all those killed were killed by soldiers. The army preferred, instead, to tarnish the reputations of those innocent civilians by labelling them gunmen and bombers. Now that such a pretence is no longer sustainable, soldiers have opted for the missing casualty theory in an attempt to divert responsibility for their actions onto the IRA, rather than onto the deceased and wounded. In 1972 it was suggested that additional casualties were caused by the IRA or by soldiers having killed more than one person with the same shot. Now it appears to be suggested that soldiers shot at least twice as many people as those known to have been killed and injured. The desperate readiness with which some soldiers have adopted this fiction serves only to highlight the reality that innocent people were killed on Bloody Sunday without justification A number of soldiers who did not fire shots on Bloody Sunday refer to the concept of missing casualties in their statements illustrating, even now, the preparedness of soldiers to close ranks in support of each other and of the army. For example: i) Captain Conder believes that he was told a few days after Bloody Sunday, by a member of the RUC, that the bodies of several men killed on Bloody Sunday had been secretly buried in Buncrana, CC1.6 paragraph 33 ii) INQ 1924 has stated his belief that that more people were shot on Bloody Sunday than were actually recorded and were secretly buried C1914 paragraph 4 iii) INQ 1800 infers that he was sent to Altnagelvin in plain clothes to ensure that no bodies were spirited over the border C paragraph 12 iv) INQ 2023 describes conversations with other soldiers during which it was inferred that IRA men were spirited away C paragraph 11 v) INQ 486 said that, having discussed the matter with men in his platoon, he ascertained that about ten gunmen were hit and taken over the border. C486.4 paragraph 19

4 vi) INQ 1021 believes that he heard an intelligence report that the IRA were going to try to remove bodies from the morgue in Altnagelvin C paragraph 21 vii) INQ 2033 gave evidence that he heard a report over the radio from Brigade that a vehicle containing a number of bodies had attempted to cross the border and that the message had been purposely edited from the Porter tape. C paragraph Only two soldiers purport to have had direct experience of a missing casualty. INQ 2002 says that, having been chased by a helicopter, a car turned back from the border making its way to the city. When the car arrived at the city gate, INQ 2002 stopped it, aimed his gun at the driver and ordered him to proceed to the checkpoint at a walking pace with the window open. The body of a man, who had clearly not died that day, was then found in the back of the car. Conveniently, INQ 2002 is unable to recall the date of this incident. C paragraph 70 This witness was not called to give evidence but, considering that he alleges that the men on the lorry wore masks, C paragraph 15 and that Barney McGuigan was on their wanted list, C paragraph 38, His evidence is so ridiculous that it requires no further submission from us The tendency to adopt similar, farfetched notions is exemplified by the suggestion from soldiers of the 22 nd Light Air Defence Regiment, at W48, in relation to the body of Jackie Duddy: 1 child s body brought out and dumped on street. People accused 14 & 15 of shooting child. Not accurate, may connect with yesterday INQ 1766 states that, two days after Bloody Sunday, he was ordered, with a section of men, to dig up seven or eight fresh, unmarked graves in Craigavon Cemetery. The graves contained the bodies of men, all with gunshot wounds! This fact was never recorded by the army and no other member of INQ 1766 s section of men has ever come forward with a similar tale. It is clearly fantastical and unbelieveable and no weight can

5 be given to INQ 1766 s testimony. When this evidence was put to Bishop Daly he pointed out that the Cemetery in Derry is called the City Cemetery, Day 75/53/20 to Day 75/54/8, and, when asked if he had ever heard of such a thing in the thirty years since Bloody Sunday, stated: No, I have not. I think, if one looks at the distress there are over the disappeared in Belfast for example, that has gone on over 30 years, where a few people have disappeared, one can get the sense of annoyance in families. The part of our culture is to have a grave to go to and to give respects to those who are dead and, um, I think it is unthinkable, it is a figment of the imagination that the type of thing described by this witness could have taken place. I do not think it is credible. Day 75/54/10 to Day 75/55/ The reality is that the concept of bodies being spirited away by the IRA was part of army folklore, believed and/or adopted as a means of justifying what otherwise, were unjustified killings. According to Tony Geraghty, the issue was part of regimental mythology. Day 210/87/8 Soldier 021 claims that he later heard, from talking to a member of the RUC, a Captain and a Military Intelligence Officer, that perhaps five people had been taken across the border to hospital with gunshot wounds. B paragraph INQ 2225, in his evidence to this Inquiry, denied this stating, during oral evidence, that he never heard the suggestion that bodies had been taken over the border. Day 384/123/17 to Day 384/124/21. He was always somewhat sceptical about the idea that large numbers of bodies were taken across the border. Troops tended to assume that when they fired their weapons and saw targets move that they had hit them. When no evidence emerged of a body, they assumed that they had hit the person and that the body had been spirited across the border, C2225 paragraph Furthermore, there is no suggestion in any Special Branch document that there were any dead people spirited over the border and Martin Ingram

6 states that he saw no official documentation suggesting that dead bodies had been secretly buried across the border in the Republic. KI2.4 paragraph Thirty-two year conspiracy of silence It is implausible to contend that the IRA and its sympathisers managed, in the midst of what was a life-threatening and traumatic situation, to spirit away all of the soldiers real targets on Bloody Sunday, bringing to hospital only those killed by ricochet / mistake. For this to have occurred necessitated a conspiracy involving the randomly selected witnesses to the shooting, the civilians, photographers, journalists and priests, unknown to each other prior to this incident. The conspiracy involving this disparate group was set in motion within minutes of the deaths of these missing casualties and has gone uncovered for 32 years. The fact is, however, that nobody could simply disappear from as close-knit a community as the Bogside / Creggan without people knowing about it. Also, as a number of priests and journalists have testified, it would be completely contrary to Catholic ideology to bury people in unconsecrated graves. Father Denis Bradley states that the idea of bodies being spirited away is not possible for cultural, religious and factual reasons. In 1972, one young man could not have left the Long Tower parish without me being aware of it within days if it had been in any way under a cloud or shadow. Day 140/172/6 to Day 140/172/21. As he also points out, for this to have occurred everyone who knew the deceased, family, friends and acquaintances as well as the priests of the City would have had to maintain a lie. Day 140/174/13 to Day 140/174/16. Bishop Daly also found the suggestion incredible, Day 075/53/13: Q. Bishop, that came with the assertion that there are 34 unidentified or untraced or unknown civilian casualties which may include individuals engaged in what was described by Mr Glasgow as "terrorist activity". Bishop, the inference behind that -- is that there were in effect secret and private burials that may have taken place of

7 people killed by the army that day. The first question: were you aware of any such event taking place? A. No. Q. Have you ever been subsequently made aware of any such event taking place? A. No. Q. Is the suggestion that it even might have happened a credible one, and I ask you to speak with the experience of 31 years of service to this community? A. I think it is offensive nonsense. Day 075/52/10 to Day 075/53/ When the concept was put to Eamonn McCann during oral testimony, he dismissed it as wholly fanciful, patently ridiculous. Day 87/75/25. The idea that the people of Derry, including family members, conspired to allow the names of those innocent people who were killed and wounded on Bloody Sunday to remain stained is not considered plausible by Professor O Keefe: Q. If I can take you to the point I want you to comment on shortly: if there were untraced casualties, that view must be sustained by persons colluding in hiding and families agreeing to hide or disguise or perpetuate a lie. In your experience, do you think that a likely scenario? A. No, I think that is what I would find inconceivable, for example in an area like Derry with a very close Catholic community that a number of young men might in fact disappear and never be buried or heard of again. Q. And that that untruth in consequence could be protected, participated and promulgated for 10, 20 and 30 years thereafter? A. I would find that very difficult to conceive of. Day 127/167/11 to Day 127/168/2

8 23.4 Contrary to Republican Ideology It is also entirely contrary to Republican ideology to have secret burials, allowing those killed to go unacknowledged or to omit them from the roll of honour It should also be noted that the practice of burying IRA members with military trappings is acknowledged in a Special Branch Assessment, dated 16 th December 1971 to 4 th January 1972, which describes how, on 30th December 1971, an IRA officer named Jack McCabe, who was killed in an explosion in a workshop in Dublin, was buried with full honours near Shercock, Co. Cavan. G47A Professor O Keefe found it inconceivable that there would be missing casualties, Day 127/158/1, because: In Republican ideology the dead are honoured. The paramilitary trappings with which civilians were buried caused many problems with the church. In the 1980s Father Daly led the way in insisting that no burial was to be carried out with any paramilitary trappings or with the Tricolour flag. The IRA would get around this by leading the coffin to the church in a tricolour flag and then taking the flag off the coffin just before it got into the church. The only people the IRA buried without a church service to my knowledge were informers. The Republican dead were always acknowledged. The IRA would also issue a statement claiming that the dead person had been on active service... Accordingly, in 1972, I do not believe that the IRA buried anyone without a church funeral. I also do not think the IRA would have wanted this H paragraphs 98 to 99

9 23.5 Disappeared as punishment for disobeying orders The soldiers representatives, in an attempt to bolster their missing casualty claims, have pointed to the disappeared as a parallel to their scenario of people being spirited away and buried. To counter the indication that only those considered to be informers were shot by the IRA, they have endeavoured to suggest that a similar fate was meted out to those members of the IRA who disobeyed orders. To this end, Mr Glasgow put the case of Patrick Duffy to Father Bradley during oral evidence. Day 140/243/8 to Day 140/243/ The example was unworkable for two reasons. The first was pointed out by Father Bradley himself, i.e., that, along with the rest of the disappeared, Mr Duffy s identity and disappearance were known to the populace of Derry and to the church at that time. Day 140/243/12 to Day 40/243/15. (In fact, far from attempting to hide his death, the IRA put a notice in a local paper announcing that they had killed him, OS8.45). Secondly, although Father Bradley was not to know, Mr Glasgow s representation of Mr Duffy as someone suspected of having disobeyed the IRA in 1971 was incorrect and misleading. It is clearly recorded, in Lost Lives, that Mr Duffy was executed for being an alleged informer in Mr Glasgow QC also referred to Mr Duffy when questioning Mr Eamon McCann. Mr McCann s memory of the case was also that Mr Duffy was killed by IRA who regarded him as a traitor. Mr McCann knows nothing, however, of such a demise for those who defied an IRA order, for example, by firing on British troops and causing the deaths of innocent bystanders. Day 087/136/19 to Day 087/138/9. We can find no record of a case in which the motive given by the IRA for disappearing someone was disobeying orders. To suggest that the disappearance of casualties on Bloody Sunday was merely a continuation of this trend is tenuous to the extreme. Moreover, according to Professor Terence O Keefe, the only 1 At number 912 on page 382

10 people to be buried by the IRA without a church service were informers. H paragraph Treatment of Bloody Sunday casualties in hospitals in the Republic There is some evidence to support the suggestion that people were, on occasion, taken over the border to obtain treatment in an attempt to avoid arbitrary detention. The fact remains, however, that, other than Hugh Hegarty who attended Letterkenny hospital on 1 st February 1972 and was discharged on the 2 nd February 1972, there is no evidence that any other person sustaining any kind of injury as a result of Bloody Sunday attended Letterkenny hospital. Indeed, INQ 2225, a Military Intelligence Officer, states that he had not heard the proposal that one or more people had been taken over the border for medical treatment until recently, when the suggestion was put to him by his legal team. Day 384/123/17 to Day 384/124/ The Aitken Team, in support of their missing casualties theory quote, at OS8.42, an Irish Times report on 31 st January 1972 that one man was taken to Letterkenny Hospital in Co. Donegal suffering from a leg wound. It is believed he will be released today. It is suggested that this report receives corroboration from the evidence of Patrick Clarke at AC154.4 paragraph Mr Clarke s memory is that he was contacted on the Tuesday or Wednesday by Commandant McGonigle, of the Garda Síochana, who told him that he had sent an ambulance to the border which had picked up one man and taken him to Letterkenny Hospital. Day 204/73/1 to Day 204/73/5. The Irish Government, however, have informed the Inquiry that, whilst ambulances did go to the border, they returned to base empty because nothing happened. Mr Clarke s evidence in relation to this matter is, therefore, rendered suspect. Day 204/74/21 to Day 204/75/2,. The Derry Journal, on 1 st February 1972, said that one Derry man was detained

11 in Letterkenny Hospital with injuries received during Sunday s disturbances. L The Derry Journal article of the 1 st February 1972, L130.2, also states that a spokesman for Letterkenny Hospital said that a very small number of people from Derry had been treated on Sunday but that no one treated by them had died. The name of the spokesman is not quoted and neither is the number of people treated or the supposed injuries sustained. It is important to emphasise that the article commences with the rumours were widespread Joseph Hanley, the sole surgeon for Co Donegal at the time of Bloody Sunday (and therefore permanently on call), based at Letterkenny Hospital, has told the Inquiry that he has no recollection of any patients admitted on Bloody Sunday or immediately afterwards with gunshot wounds or of being informed by his Registrar or any other member of staff that any such patient had been admitted to the hospital. AH100 paragraphs 9. It is Dr Hanley s evidence that the practice of injured people from Derry being taken to hospital in Donegal virtually ceased following the death of Séamus Cusack, who bled to death on his way to Letterkenny Hospital on 8 th July AH100 paragraph 11. Rosemary Doyle, of the Knights of Malta, confirms that they were informed that a casualty had to be taken to the most expedient hospital which, in Derry, would have been Altnagelvin. Day 101/35/ In February 1972, the Sunday Times Insight Team examined the possibility of additional casualties being taken to Letterkenny following a suggestion made by the Army to this effect. Philip Jacobson of the Insight Team spoke with a contact at the hospital who told him that no casualties had been admitted as a result of Bloody Sunday Day 191/107/1 to Day 191/107/25. Mr Jacobson believed his contact on this matter, given that they had been frank in 1971 in discussing the admission of Séamus Cusack to the same hospital.

12 Geraldine McIntyre, Consumer Services Officer at Letterkenny General Hospital, conducted research into the theatre register of 30 th January to 2 nd February 1972 and has told the Tribunal that there is no evidence of any surgical procedures performed relating to gunshot injuries. She was able to locate the case file relating to Hugh Hegarty, D1108 to D1111, which confirms that he was suffering from multiple injuries caused by a gas canister... Mr Hegarty was admitted straight into the main surgical ward and was discharged the following day AM275.6.

13 23.7 Additional casualties In addition to the official fourteen dead and thirteen wounded on Bloody Sunday, the Inquiry has established that a number of other people were wounded in some way on the day. These were: Name Pius McCarron Hugh Hegarty Nature of Injury Hit on head by falling masonry loosened by a ricochet Hit in the face by a gas canister Location at which injury was sustained? Alleyway between Blocks 1 & 2 Barrier 14 / junction of William St & Rossville Seamus Treacy Where taken? House in Joseph Place (where Alana Burke was) Flat on 2 nd floor of Block 1? Medical treatment? Dr McCabe Letterkenny Hospital (subsequently) Mentioned by? Eamon Baker (Day 96) James Deeney (Day 75) Patrick Kelly (Day 75) Joseph Doherty (Day 138) Patrick Clarke (AC64.6) Hugh Hegarty Day 98 Patrick Moore (Day 98) Patrick Brolly Grazed on his head by a bullet Flat on 2 nd floor of Block 2 Ambulance in Rossville Street Altnagelvin Patrick Brolly (AB90) Celine Brolly (Day 91) Rosemary Doyle Mary Smith (now Breslin) Hit in face by rubber bullet Facial injuries and eye injury Rossville St?? N/A Checked by nurse Robert Cadman Altnagelvin Rosemary Doyle (Day 101) Mary Gallagher (Day 70) Mickey Doherty Shot in the leg; bullet graze to face Derelict house on the corner of Joyce St and Cooke St Vinny Coyle s house Lisfannon Park in Dr MacDermott Pauline Ferry Attracta Bradley Hugh Deenan See section below re: Red Mickey Official documentation exists relating to the treatment of those shaded in grey in the above table. All of those, save Hugh Hegarty and Red Mickey, feature in the letter written to the Widgery Inquiry by E.T. Watson, the Patients Services Officer at Altnagelvin on Bloody

14 Sunday, along with all fourteen of the official wounded, D , and Geraldine Richmond who was admitted for shock. In other words, other than Red Mickey, those with even relatively minor injuries were taken to hospital and the records of their treatment survive Red Mickey Doherty According to the Inquiry s letter dated 11 th March 2004, Mr Mickey Doherty was unable to assist the Inquiry for medical reasons and later died. It appears that Mr Doherty, a member of the Official IRA admitted in an interview to Mary Holland during the week after Bloody Sunday that: he was posted in an empty house on the corner of Cooke Street and Joyce Street with orders to cover Bishop Street. He was wounded by a soldier returning fire from a house opposite after he himself had fired at a soldier in the street beneath. He thinks his bullet grazed the soldier s flak jacket, but did not injure him He was hit in the thigh by one bullet and another ricocheted off a wall to graze the flesh of his eye. M The incident is also recorded, at 16.35, on the Porter Tape, at W2 serial 135, and on the Royal Anglian log at as follows: 54 Alpha (Call Sign of Royal Anglians, located on the Walls): Hello, Zero this is 54 Alpha. Reference report from call Sign 90 Alpha on shooting. Our call sign Quebec 23 has had one low velocity shot fired at them from Charlotte street. Hit one of our soldiers in the flak jacket. Ah, we don t believe he is a casualty. One round was returned. No hit. Subsequent to that our call sign Quebec 21 had one round fired at it and two shots were returned. No casualties on either side. Over. W137 serial 196

15 Although she cannot now recall the detail, Day 200/69/18 to Day 200/69/23, Ms Holland clarifies at L182 that, the marksman I quoted says he fired his shot at 5pm - after the confrontation with the Army had taken place and more than a mile away from where it occurred Soldier AA, who was positioned in Barrack Street, states that, about 30 minutes after the arrival of the cars holding Joe Friel and Gerard Donaghey, which he puts at 4.05pm, B paragraphs 11 to 13, he saw a dark haired man standing at the corner of Joyce Street and Windmill Terrace armed with either a rifle or an M1 Carbine. He states that he and the man fired simultaneously and that the gunman s bullet went past his ear hitting Soldier 042 in the flak jacket. Day 378/168/3 to Day 378/172/17. Whilst he goes on to assert in his statement at B paragraphs 27 to 28, that he then fired at a second gunman, he accepts, at Day 378/183/17 to Day 378/184/2, that it could have been the same person, i.e. the first gunman. Soldier AA fired a total of eight rounds at the gunman, one of which was from the hip, Day 378/187/21 to Day 378/187/23, at a time when he could not clearly see his target. Day 378/191/4 to Day 378/191/17. Soldier AA has a clear memory of being informed by his Sergeant Major about two weeks after Bloody Sunday that he had received confirmation from Special Branch that [Soldier AA] had made contact with an IRA gunman and had shot him through the kneecap and in the jaw. Day 378/194/2 to Day 378/194/10, In his 1972 statements, B909 to B916, Soldier AB states that, at approximately 16.15, a gunman appeared on at the junction of St Columb s Walk and Joyce Street and fired one round at Soldier AA. He states that he returned one round as did Soldier AA. The round fired by the gunman bounced off the wall and hit Soldier 042 s flak jacket. Soldier AB now states that he can remember only two incidents that day, namely that he heard up to ten rounds from a Sterling Submachine Gun and Soldier 042 falling to the ground. B paragraphs 12 to 14. He cannot remember Soldier AA returning fire nor can he remember firing

16 himself. Soldier AB did not, in 1972, make reference to the fact that Soldier AA had fired eight rounds at the gunman and that one of those rounds was fired from the hip. It could be suggested that he has feigned memory loss to this Inquiry in an attempt to maintain this suppression of evidence. However, we have been unable to test this as he was not called to give evidence. The time at which Soldier AB places this incident is clearly wrong as shown by the logs referred to above; his recollection of machinegun fire is clearly incorrect as he mentions only one round in his contemporaneous statement and it is probable that had Soldier 042 been fired at with a machinegun he would have been killed. Soldier 042 (hard copy version throughout) states that two shots, then a third and then a fourth were fired at his location from buildings on the wasteground at Charlotte Place, the last of which hit the left hand side of his flak jacket. He did not at any stage see the gunman but it is his memory that Soldier AA fired between the third and fourth shot. Day 379/97/1 to Day 379/99/18. He does not recall hearing any Thompson Submachine gun fire, Day 379/97/12 to Day 397/97/17 contrary to Soldier AA s assertion, Day 378/189/13 to Day 378/189/ This sequence of events is acknowledged by the Official IRA who, along with witnesses from the Provisional IRA, state that this gunman was the only known member of either wing of the IRA to be injured on Bloody Sunday. Corroboration can also be found in the evidence of Vincent Browne, at M8.3, Father Dolan, at H7.2 paragraph 13, Antony Fry, M27.3 paragraph 12, Kieran Gill, M to M paragraphs 48 to 51, Simon Winchester, Day 116/68/24 to Day 116/69/18,Nigel Wade at 143/8 to day 109/148/3, Mr Eugene O Donnell, Day 155/199/23 to Day 155/201/14, Mr Hugh Leo Young, Day 388/43/1 to Day 388/45/7, and in a note by the Sunday Times which refers to Red Mickey as Mary Holland s lad AD89.1. Red Mickey Doherty was treated for the injuries he had sustained to his leg and eye by Jim Deehan, Attracta Simms, both from the Knights of Malta, and Dr McDermott, in Vinny Coyle s house at Lisfannon Park, Day 182/72/1 to Day 182/75/25, Day 142/1/7 to Day

17 142/3/22 and Day 176/186/12 to Day 176/194/5 respectively. Ms Pauline Ferry was also in the house, Day 154/202/1 to Day 154/205/ Although Mr Doherty was never on what is considered to be the official list of wounded in relation to Bloody Sunday, with such an overwhelming wealth of information about his whereabouts that day, the shots he fired, those returned at him, the injuries sustained by him and their treatment, it is obvious that he cannot be considered to be a missing casualty in the sense outlined by the Lawton Team. The evidence in relation to Red Mickey Doherty also serves to illustrate how inconceivable is the suggestion that it would be possible to conceal from civilians, journalists, priests, soldiers, Knights of Malta, doctors and even Special Branch, the fact that another person in addition to those on the official casualty list was injured on Bloody Sunday 23.9 Table of missing casualties In advance of their opening statement, the Lawton Team provided a map and table of evidence of so-called missing casualties. Mr Glasgow QC said in his opening statement: It is not of course suggested that every one who is marked on that map and who was referred to by my learned friend Mr Clarke in his opening as having been untraced or with some similar description, was a gunman or was necessarily present in the position in which a witness or witnesses have described in their statements. Some witnesses obviously may well have been genuinely mistaken. Day 51/25/22 to Day 51/26/ It is our submission that the witnesses referred to at OS7.35 are, for all kinds of reasons, mistaken about what they saw.. The Missing Casualties identified in the document by the Lawton Team are examined by Sector and in the table below:

18 No. on Map Name of Witness Reference in Statement 1 Kevin Barrett AB26.5 to AB26.5 paragraphs 27 to 30 Summary of Response If the person described was indeed wounded it was in all likelihood Joe Friel or Michael Quinn. However, this witness provides insufficient detail to allow the Tribunal to consider the person he describes as a missing casualty. For further detail see Section Paul Coyle AC105.3 paragraph 15 This is a reference to Joe Friel who matches the description and was shot in the chest in the alleyway between Glenfada Park north and Abbey Park. For further details see Section 19 3 Paul Coyle AC105.3 paragraph 15 This is a reference to Michael Quinn who was shot in the face at area referred to. For further details see Section 19 4 PIRA 25 AG17.3 paragraphs 14 to 16 5 John Gormley AB46.3 to AG46.4 paragraphs 12 to 14 6 Alan Harkens AH8.4 paragraphs 12 to 14 During oral evidence this witness explained that the second man he believed was shot was actually Patrick Walsh who was not in fact injured. He stated that he did not see a third casualty who had been shot in the hip/ buttock but had heard people say that Alex Nash had sustined such an injury. For further detail see Section 20 This witness makes no reference to this incident in his 1972 statement. Indeed, he does not refer to being in Glenfada Park South in his 1972 statement and is obviously mistaken in this regard. For further details see Section 19 Duplicated in Aitken Team s document. Alan Harkens is the only witness to suggest that there were two bodies in the stairwell of Block 1 and is clearly mistaken in this regard. In all likelihood his memory is of Hugh Gilmore and Kevin McElhinney. For further detail see Section 18 7 Patrick Kelly AK21.7 paragraph 20 Duplicated in Aitken Team s document. The witness s concession that he did not see a wound, merely presuming the person in question was injured, coupled with the lack of corroboration of this evidence, clearly suggests that the man seen by Mr Kelly may not have been shot at all. For further details see Section 19 8 Michael Love AL21.3 paragraphs 14 to 16 Mr Love, without the assistance of a 1972 statement, is obviously confused, not only in relation to this matter, but others including timings and locations. His evidence in relation to this matter cannot, therefore, be relied upon. Either the description is that of Gerard Donaghey, who should have been in his line of sight, or the boy to whom he refers was not shot at all. For further details see Section 19

19 9 Michael Love 10 Pearse McCaul 11 Derek McFeeley 12 Patrick McGlinchey 13 Thomas McGlinchey 14 Thomas McGlinchey 15 David McIntyre 16 David McIntyre 17 John McIntyre 18 John McIntyre 19 Joseph McKinney AL21.3 paragraphs 14 to 16 AM93.3 paragraph 13 AM217.3 paragraphs 11 to 13 Mr Love, without the assistance of a 1972 statement, is obviously confused, not only in relation to this matter, but others including timings and locations. His evidence in relation to this matter cannot, therefore, be relied upon. Either the description is that of Gerry McKinney who should have been in his line of sight, or the man to whom he refers was not shot at all. For further details see Section 19 This witness accepted the likelihood that, rather than carrying two people from the Rubble Barricade, he helped carry Michael Kelly on two occasions rather than two separate bodies on two occasions. For further detail see Section 18 Mr McFeeley conceded in evidence that the man to whom he referred could have been William McKinney. For further details see Section 19 AM247.3 paragraph 13 The memory of a man shouting out and holding his back as seen by a fifteen year old is insufficient to suggest a missing casualy particularly as there is no corroborative evidence. For further detail see Section 20 AM250.2 paragraphs 10 to 11 AM250.2 paragraphs 10 to 11 AM284.1 to AM284.2 paragraphs 7 to 9 AM284.1 to AM284.2 paragraphs 7 to 9 This witness conceded that one of the men he saw could have been Gerry McKinney. It is, therefore, probable that Mr McGlinchey is referring to the body of Gerry McKinney. For further details see Section 19 This witness conceded that one of the men he saw could have been Gerry McKinney. It is, therefore, probable that Mr McGlinchey is referring to the body of Gerard Donaghey. For further details see Section 19 This witness was 10 on Bloody Sunday and was looking for only a matter of seconds. It is impossible, therefore, to rely upon his evidence. For further detail see Section 20 This witness was 10 on Bloody Sunday and was looking for only a matter of seconds. It is impossible, therefore, to rely upon his evidence. For further detail see Section 20 AM286.3 paragraph 16 An unchallenged reference to Jackie Duddy. For further detail see Section 17 AM286.4 paragraph 23 The witness accepted that the body he saw was probably that of Michael Kelly. For further detail see Section 18 AM304.5 to AM304.6 paragraphs 23 This was a description of Paddy Walsh adminstering aid to Patrick Doherty. For further detail see Section 20

20 20 Denis McLaughlin 21 Joseph Moore 22 Joseph Nicholas 23 Joseph Nicholas AM326.6 to AM326.7 paragraph 23 This witness, who was hysterical and traumatised at the time concedes that, while he can only now remember one person fall, three men may have fallen as he said in his statement in For further details see Section 19 AM413.5 paragraph 24 This witness accepted that the person he saw could have been Paddy Doherty. For further detail see Section 20 AN17.5 paragraph 22 AN17.5 paragraph 22 A description of Paddy Walsh rendering aid to Patrick Doherty and Danny McGowan helping Patrick Campbell. For further detail see Section 20 A description of Paddy Walsh rendering aid to Patrick Doherty and Danny McGowan helping Patrick Campbell. For further detail see Section Sean O Neil AO65.12 paragraph 57 This evidence is untested. This body was not a missing casualty, rather may have been one of the three men who fell along the southern side of Glenfada Park. For further details see Section Sean O Neil AO65.12 paragraph 57 This evidence is untested. This body was not a missing casualty, rather may have been one of the three men who fell along the southern side of Glenfada Park. For further details see Section John Porter AP11.5D Deceased. Given the injury that the man had sustained to his face and the location in which he was seen by Mr Porter it is submitted that this is not a missing casualty but rather that the person the witness saw may have been Michael Quinn. For further details see Section John Quigg AQ1.2 paragraphs 8 to 9 28 John Quigg AQ1.2 paragraphs 8 to 9 Giving evidence, Mr Quigg acknowledged that a lot of events have faded in his mind, that at the time he was not familiar with the Glenfada Park area. Indeed, his 1972 statement records that he was in the Glenfada Park area. It is submitted that the bodies this witness saw were of Gerry McKinney and Gerard Donaghey. For further details see Section 19 Giving evidence Mr Quigg acknowledged that a lot of events have faded in his mind, that at the time he was not familiar with the Glenfada Park area, indeed, his 1972 statement records that he was in the Glenfada Park area. It is submitted that the bodies this witness saw were Gerry McKinney and Gerard Donaghey. For further details see Section 19

21 29 Michael Quinn 30 Derrick Tucker Jnr 31 Derrick Tucker Jnr 32 Martin Tucker 33 Martin Tucker 34 Robert Wallace AQ11.1 to AQ11.11 AT15.16 AT15.16 AT17.5 paragraph 32 AT17.5 paragraph 32 AW3.2 paragraph 8 Duplicated in Aitken Team s document. Mr Quinn s account of when this witness was shot varies. His description is not corroborated by any witness, military or civilian. We submit that Mr Quinn is mistaken when he says he saw a man shot in the leg. Alternatively this boy is not a missing casualty in the sense that is intended by the Lawton team because he was not a threat to soldiers (or anyone else) when he was injured. For further details see Section 19 A description of Patrick Walsh, Patrick Doherty and Danny McGowan helping Patrick Campbell. For further detail see Section 20 A description of Patrick Walsh, Patrick Doherty and Danny McGowan helping Patrick Campbell. For further detail see Section 20 A description of Patrick Campbell being assisted by Danny McGowan. For further detail see Section 20 A description of Patrick Campbell being assisted by Danny McGowan. For further detail see Section 20 Duplicated in Aitken Team s document. There is no evidence whatsoever to suggest that the man described was wounded even if the witness's recollection were to be considered in any way reliable and the incident is not mentioned by him in This cannot be relied upon. For further detail see Section Aitken Document Those supposed Missing Casualties identified by the Aitken Team, at OS8.42, that supplement the Lawton Team document are dealt with according to Sector and in the summary below: No. on Map Name of Witness Reference 1 Hugh Duffy AD156 and Day 150 Summary of Response Considering that Mr Duffy did not mention this in his 1972 statement, that he accepted it could be a reference to Joe Mahon and that he did not actually see any injury this cannot be relied upon as evidence of a missing casualty. For further detail see Section 19.

22 2 Derry Journal, Irish Times & Mr Patrick Clarke L69.2, L130.2 and AC154.4 paragraph 29 3 Jim Norris AN20 and Day Nigel Wade M79.22 paragraph 18 and 109/139/7 to Day 109/139/23 This material does not amount to evidence of a missing casualty. See Section 23, i.e. this section, under the title Treatment of Bloody Sunday casualties in hospitals in the Republic above. The account that this witness gave in 1972 is more reliable than his current memory and is a clear description of Kevin McElhinney. For further detail see Section 18 This witness confirms that time shrinks one s memory. He is inconsistent in relation to whether or not he saw wounds and there is nothing in his account that can be relied upon as evidence of missing casualties. For further detail see section 20. Simon Winchester John Barry Anthony Harkin Day 116/87/13 to Day 116/88/10 AO75.2 and Day 193/168/25 to Day 193/169/5 AH11.6 paragraph 32 Mr Winchester s account does not correspond with Mr Wade s, who accompanied him, in terms of location or number of casualties. He accepts that some of these people may have merely been distressed rather than wounded. As such this is not reliable evidence of a missing casualty. For further detail see section 20. This evidence is based upon a story related to Mr Barry that he describes himself as an anecdote which did not merit further investigation. As such it can not be considered as the basis for identifying missing casualties. For further detail see section 20. This witness confirmed that the man he saw being carried by the arms and legs looked like Patrick Campbell. It seems that the witness has been confused by the number of people tending to Mr Campbell and by pieces of information he has gained over the years. For further detail see section 20.

23 Noel Doherty Thomas Ralph Dawe AD91.7 paragraph 36 AD5.5 paragraph 29 and Day 094/152/19 to Day 094/173/14 Given the description of the timing, location and description of the injury, with understandable inaccuracies considering the time passed, Mr Doherty is, in all likelihood, describing Patrick Campbell. For further detail see section 20. Mr Dawe did not mention this incident in his 1972 statement.he now accepts that it is possible that he has amalgamated the sighting of the car driven by Mr Bernard McGonagle taking Patrick Campbell to the Regimental Aid Post and the car which was driven by Mr. Raymond Rogan containing the body of Gerard Donaghey. For further detail see section 20. Kieran Gill M105.9 paragraphs 39 to 44 This witness did not actually see a leg wound but states that people were saying to be careful of the young man s leg. Although he describes someone in their late teens, early 20s, this is, considering the timing and location, a reference to Danny McGowan. For further detail see section Soldier AD See immediately below 6 George Roberts Day to 151/97/16 Day 151/97/24 It is probable that this witness saw John Young, Michael McDaid or William Nash being shot but, due to the distress and resultant confusion has erred in describing their shooting. For further detail see Section 18 Photographs Forensic evidence E D14.12 and ED14.16 Day 229/6 to Day 229/7 There is no photographic evidence of what could be termed a missing casualty. For further detail see Section 18 This does not amount to evidence of a missing casualty. For further detail see Section Injured Gunman by Bogside Inn/ Meenan Square Soldier AD, who was positioned in a house in 21 Long Tower Street, fired two rounds at what he claimed was a civilian armed with a rifle in the vicinity of the Bogside Inn at around B Soldiers 004 and 022 also place the time at which Soldier AD fired his shots at 16.45, B and B1510 respectively. Soldier AD accepts that serial 511 on

24 W137 is probably a record of the shots he fired. Day 382/99/18 to Day 382/100/23. It is important to note that, contrary to Soldier AD s claim stated at B , this serial records no hit as a result of his shots. Very soon after this incident, Soldier AD states that he saw a grey Ford Escort reverse into Meenan Square. Having been shown the Royal Anglian Log, W106.7 serial 93, Soldier AD accepted that he could have confused Doctor McCabe s car for the grey Escort. Day 382/101/13 to Day 382/102/5. Importantly, and in support of Soldier AD s evidence in relation to the time at which he fired his shots, the Royal Anglian Log records Dr McCabe s grey station wagon travelling down the Lecky Road at Soldier AD, in his RMP statement at B933, claims that one round was fired by the gunman and that two rounds were returned. This is not what is recorded at serial 396 W130: We have just had four shots at our call sign Quebec 21 on the Walls. Furthermore, Soldier AD was not on the Walls, he fired his two rounds from a house in Long Tower Street. It is, therefore, clear that W130 and the subsequent references contained in OS8.42 at W131 W132 W133 do not relate to the shots fired by Soldier AD and that there was no missing casualty in the area of the Bogside Inn Conclusions i) There are no missing casualties in the sense outlined by the Lawton and Aitken Teams or at all ii) Red Mickey Doherty is not a missing casualty given that it was known, even shortly after Bloody Sunday, that he had fired shots at soldiers and was injured by return fire. The Tribunal has a large body of evidence about his actions.