Watch more of our videos on Shots!
and live on Freeview channel 276

The family of Annette McGavigan, who was shot dead by the British Army in Derry in 1971, have issued a pre-action protocol letter against the Public Prosecution Service requesting a prosecutorial decision regarding a soldier alleged to have shot her.

Lawyers representing the family of the 14-year-old issued the letter following confirmation from the Legacy Investigations Branch (LIB) that a file was submitted to the PPS in respect of the case on February 6, 2024.

Annette was 14 when she was shot dead by a member of the Royal Green Jackets Regiment in the Bogside on September 6, 1971, as she watched a riot.

She had been let out of school early that day due to the disturbances and was still wearing her school uniform.

The NI Troubles (Legacy & Reconciliation) Act 2023 imposes a cut-off date for prosecutions and investigations relating to the conflict of May 1, 2024.

If the PPS decides to prosecute the soldier, referred to as Soldier B, that decision must be made before May 1, 2024, otherwise the prosecution cannot proceed.

Martin McGavigan, Annette’s brother, said: “Annette’s murder devastated our family. My mother and father never recovered. When we came home from school, our mother would be just sitting on the landing holding Annette’s clothes and crying.

"My father would spend hours standing and staring at Annette’s mural in the Bogside.

Hundreds of people - including many of her friends from school and the Bogside - turned out for Annette’s funeral in 1971.

“Annette wanted to be a nurse. She had so many possibilities in front of her and those were destroyed on that day.

“We are so worried that this Legacy Act brought in by the British government will snatch our last attempt at justice for our sister. It cannot be allowed to happen.

"We need the PPS to make this decision before the cut off date. At the minute, we are holding our breath, hoping that we get news soon before it is too late.”

Amnesty plan means soldier who shot our Annette will never be questioned

Annette McGavigan who was shot dead by a British soldier in the Bogside in 1971.

Sara Duddy, from the Pat Finucane Centre, said: “The Legacy Act was designed to stop cases like this. Its sole purpose is to prevent soldiers who shot and killed men, women and, in this case, a child, on our streets from prosecution for their actions.

“We urge the PPS to review the evidence and make the correct decision before the May 1 2024 deadline. Killers cannot be allowed to evade justice simply because a timer ran out.”

Patricia Coyle, of Harte Coyle Collins Solicitors, said: “The police confirmed on February 24 that a file was submitted to the PPS on February 6, 2024. The deadline for a PPS decision is May 1, 2024. In light of that timescale, we issued a pre-action protocol letter against the PPS yesterday requesting an urgent decision on prosecution by the end of this month.

“This is a single victim case involving the killing of a child with a single suspect identified by the police. This is not a complex case as regards identification of the limited army personnel involved, the location, civilian eyewitnesses and expert pathology and ballistic evidence.

A mural in Annette McGavigan's memory in the Bogside.

“Over the past 20 years, our clients, the Pat Finucane Centre and our office have uncovered new evidence in the form of witness testimony and other materials including cinefilm – all of which was provided to the investigating police.

"The Legacy Act has created exceptional circumstances justifying the family’s request for a swift decision.”

McGavigan family urge PPS decision on prosecution ahead of May 1 legacy cut-off date

46 years on: Annette's family vow to continue fight for justice