TOGETHER: Springhill/Westrock families arrive in court on Thursday morning Pacemaker

BREAKING: Soldiers did not use 'reasonable force' in shooting dead five in Springhill Massacre

SOLDIERS did not use reasonable force in the killing of five people in the Springhill-Westrock area of West Belfast within minutes of each other on the same day in July 1972, a judge has ruled.

Five people were shot dead on July 9, 1972 by the British Army, including three children, a father-of-six, and a priest.

Those who were shot dead that day were Margaret Gargan (13); John Dougal (16); David McCafferty (14); father-of-six Patrick Butler (38); and Fr Noel Fitzpatrick (42), who was based at Corpus Christi Church.

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An inquest into the massacre was completed in 2024 just hours before a deadline which shut down inquests in Troubles-related killings came into effect due to the British government’s controversial Legacy Act.

On Thursday, families gathered at Belfast Laganside Court for the verdict by Mr Justice Scoffield.

On Thursday afternoon it was ruled that Fr Noel Fitzpatrick, father-of-six Patrick Butler and 15-year-old David McCafferty, who were shot by the same soldier, posed "no threat to anyone". Fr Fitzpatrick and Patrick Butler were shot by the same bullet.

13-year-old Margaret Gargan, who was shot by a different soldier, posed "no risk at all".

The inquest heard that the force used against 16-year-old John Dougal, was "not reasonable".

All five had been shot by soldiers firing from Corry's Timber Yard.

Outside the court the families of those who died said the inquest had proved that their loved ones were innocent victims.

In Summary the Coroner, Mr Justice Scoffield found:

John Dougal (aged 16) died from a single high-velocity gunshot wound entering his back and causing fatal lung injury. Martin Dudley (aged 19) and Brian Petticrew (aged 17) were seriously injured by gunfire in and around the same time and location.

John Dougal was shot in the garden of 60 or 58 Westrock Gardens, between 21:30 hrs and 22:00 hrs on 9 July 1972 and most likely at or about 21:50 hrs. He was shot in the back by a soldier positioned in Corry’s Timber Yard, more likely than not to have
been Soldier A, whilst bending over for cover and running south (i.e. away from the yard).

While it was accepted that John Dougal was a member of the junior wing of the PIRA, the coroner concluded it had not been proven he was armed the time of his death nor that he was acting innocently. Nonetheless, the coroner said in the circumstances as he found them to be, with John Dougal shot in the back as he ran away from the direction of the yard, and taking into account the requirements of the yellow card, the force used by Soldier A was not reasonable.

Father Fitzpatrick (aged 42), Patrick Butler (aged 37) and David McCafferty (aged 15) each died from a single high-velocity gunshot wound. The coroner heard extensive civilian evidence from witnesses present in the area, including neighbours, first responders and those who assisted in the recovery of bodies. The coroner found broad consistency in the statements on core matters, namely prolonged gunfire emanating from Corry’s Wood Yard and that the three deceased were caught in that gunfire while attempting to assist others.

The coroner accepted that Father Fitzpatrick and Patrick Butler were together immediately prior to being shot, acting in a humanitarian capacity seeking to minister to or assist wounded civilians. On the basis of expert evidence and eyewitness testimony, the coroner found Father Fitzpatrick and Patrick Butler were struck by the same bullet, which passed first through Father Fitzpatrick (striking him through the left cheek and neck) before striking Mr Butler in the head.

The coroner found both men were unarmed and posing no risk to anyone at the time they were shot.

The coroner found that David McCafferty was shot on the left side of his back while he was, more likely than not, attempting to assist or recover the body of Father Fitzpatrick. The coroner found he too was unarmed and posing no risk to anyone at the time he was shot.

The coroner concluded all three of the deceased were shot in the vicinity of the southeast corner of 84 Westrock Gardens, Belfast, at or about 22:00 hrs on 9 July 1972 by Soldier A who had lost control further to the shooting of John Dougal and fired without having first made a proper assessment of the risk (if any) actually posed.

Margaret Gargan (aged 13) died from a single high velocity gunshot. The coroner found she was shot directly in the head as she stopped to talk to friends on the pavement at Westrock Gardens on her way home from the Westrock and Whiterock Community Centre. The coroner concluded she was shot by a soldier positioned in Corry’s Timber Yard, more likely than not to have been Soldier E, at or about 22:00 hrs on 9 July 1972.

The coroner concluded Margaret Gargan was shot on the pavement at Westrock Gardens at or about 22:00 hrs on 9 July 1972 by a soldier positioned in Corry’s Timber Yard, more likely than not to have been Soldier E.

The coroner was satisfied that Margaret Gargan was not armed at the time she was shot and that she was posing no risk to anyone, and, on the balance of probabilities, that no one else in her immediate vicinity was posing any such risk at the time when she was shot.





 



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