Pat Finucane Centre, http://www.serve.com/pfc, April 17th, 2002

PFC Comment on the result of the Mc Bride judicial review

Courts are difficult at the best of times. Sitting this morning in Belfast High Court the most striking thing was that no allowance whatsoever was made for the ‘applicant’ to follow the proceedings. Jean Mc Bride that is. She is the individual whose son, Peter, was shot in the back by Scots Guards Mark Wright and James Fisher on September 4 1992. And she is the person who had the temerity to challenge the original decision of a British Army Board to allow the two soldiers to remain in the army following their early release. And finally, she is the mother who ‘couldn’t leave best alone’ when she decided to again challenge a second Army Board who felt that convicted murderers fitted in perfectly within the ‘army family’. None of us would have been sitting in that court, judge, barristers, solicitors or press, had it not been for the tenacity of this woman. Yet a casual observer might have thought that this insignificant figure at the back was the cleaning lady waiting for a pause in proceedings to dust the tables.

Sitting behind a glass partition at the back of the court it is virtually impossible for anyone in the public gallery to follow what is going on. The applicant sits behind the glass partition in the public gallery. Are the public on a par with the accused, murderers, thieves and rapists, who might leap over the partition and throttle the judge? By 10am the thought did occur.

If it were possible to even hear what was being said there would then be an obvious need for a translator to decipher the legal-ese, the language used this morning to justify the unjustifiable.

And so the learned judge, almost naked without the ubiquitous wig and gown, droned on as to why it was reasonable for the British Army to employ, retain, two men convicted of the murder of a 18 year boy whom they had shot in the back. The Guardsmen, while not young by army standards, were hardly ‘mature’ we were informed. Eh? What has this got to do with a government decision to allow them to remain in the British Army? Those who made the decision to retain them were ‘mature’ (and racist). And yes they did lie at trial about the circumstances of the killing but this was ‘understandable’ … according to Justice Brian Kerr. How understanding of him. Jean Mc Bride’s rights had not been breached. The fact that the Army Secretariat withheld legal documents from the Army Board? No problem we were told. They were perfectly entitled to do so. That the Army Board, which included General Mike Jackson of Bloody Sunday infamy, could be biased towards two of their own? Tut tut. Not at all.

The application was rejected. The rejection was, according to legal observers, delivered skilfully and with considerable attention to detail. The problem was, the problem is, that the judgement, delivered after ten months of agony for the family, is an absolute disgrace. It simply beggars belief that any intelligent person could attempt to justify the decision to reinstate Wright and Fisher. Jean Mc Bride had a terrible wrong done to her in September 1992 by Mark Wright and James Fisher. Another terrible wrong was done to her today by Brian Kerr.

But Jean has no intention of letting matters rest. She will continue to exhaust each and every legal avenue open to her. The Court of Appeal is next on the list.

Messages of support for the Mc Bride family can be sent to the PFC. Mark the next International Day of Protest in your calendar. September 4 2002, the tenth anniversary of the murder. The full text of the judgement will be posted on the website asap.