Fleming and Doherty inquest delayed by MoD non-completion of public interest immunity papers

The hearing into the deaths of William Fleming (19) from the Waterside and Danny Doherty (23) from Creggan was scheduled to start on Monday morning in Banbridge and had been due to last six weeks.

Both men died when they were shot by the SAS on the morning of December 6, 1984.

However, at the start of the proceedings the Coroner, Judge Ian Huddleston, was told that the hearing could not proceed as the MoD had not completed their public interest immunity papers.

Peter Coll, King’s Counsel, for the MoD said his client 'extremely regretted and sincerely apologised to all the participants for the delay in completing the PII process.'

He said there was 'no intention' on behalf of the MoD to fail to meet deadlines but it had proved 'impossible to do so.'

The barrister said that there was 'no thumbing of the nose at the court.'

Judge Huddleston said that the lessons to be learned where not only for this inquest but for all inquests and there could be no repeat.

The Coroner said that all the issues that had arisen were avoidable and should not have been allowed to develop.

Mr. Coll told the hearing that the MoD had signed off on a PII certificate over the weekend and that would be with the court presently and the papers could be disseminated 'within days.'

The hearing was told that the inquest proper should begin on Thursday week with the first civilian witnesses being called.

The hearing was also told by Mark Mulholland KC who represents some of the soldiers involved that a psychiatric report on Soldier A, indicated there was a suicide risk.

The barrister said a full report would be available to all the interested parties next week.

The hearing was adjourned for two days of closed PII hearings on Monday and Tuesday next.