NO NEW criminal proceedings are expected to be taken against the British soldier who shot dead a young girl in south Armagh in 1976 despite a British government apology yesterday, and its acceptance that his court testimony was “unlikely”.
Majella O’Hare (12), from Whitecross, died after she was shot in the back by a parachute regiment soldier after she passed an army checkpoint on her way to confession on August 14th that year.
Pte Michael Williams of the 3rd battalion of the regiment claimed he had opened fire on an IRA sniper, and a non-jury Diplock court subsequently acquitted him of manslaughter.
The British government has apologised to the O’Hare family and has written to Majella’s mother. A letter signed by defence secretary Liam Fox was handed to Mary O’Hare (88) by his colleague, Northern Secretary Owen Paterson.
“I apologise for Majella’s death and offer you my heartfelt sympathy,” Mr Fox wrote. “Although many years have passed, I have no doubt that your grief and that of your family has not diminished . . . both the initial investigation by the RUC and the more recent review have concluded that it was unlikely that there was a gunman in the area when the soldier involved opened fire and struck Majella, as he claimed.
“The soldier’s actions resulted in the loss of a young and innocent life, causing sorrow and anguish for those who knew and loved Majella. On behalf of the army and the government I am profoundly sorry that this tragic incident should have happened.”
The original police investigation of the killing, which recommended that Pte Williams be tried for manslaughter, was itself investigated last year by the Historical Enquiries Team, the PSNI team charged with examining nearly 3,300 cold cases from the Troubles. It called for an apology to be made.
“The original RUC investigation found that Pte Michael Williams was not returning fire at a gunman as he claimed and they recommended to prosecutors that he be charged with manslaughter.
“The prosecutors agreed and charged him with manslaughter, but he was acquitted,” the team said.
“The HET supports the findings of the original investigation. We also said the RUC investigation was thorough and good.”
Majella’s brother Michael yesterday welcomed the apology: “It is not closure, but we have moved along the way. It has been a long time coming. It still does not avoid the fact that Majella is dead as a result of their actions.”
The O’Hare family has never sought criminal proceedings against the British army and is not pressing for a fresh case against Pte Williams. It is understood he is not in good health and would not make a reliable witness were proceedings to be taken.
Further apologies from the British government in relation to contentious killings during the Troubles are possible, a human rights group claimed last night.
Jane Winter, director of British-Irish Rights Watch, said last night: “I think a wind of change is blowing and politicians have finally begun to realise that the sky does not fall in when you apologise for having done something wrong. In fact it makes things better.”
She added: “There are clearly many cases which deserve an apology or, more accurately, some kind of acknowledgment that what happened was wrong. I am hopeful that there may be a few more down the line.”
Last June British prime minister David Cameron apologised in parliament for the actions of the parachute regiment on Bloody Sunday in Derry in 1972.