Daniel Hegarty, 15, was shot dead in Derry during the British Army’s Operation Motorman, a major operation to reclaim “no-go areas” set up by republican paramilitaries in towns and cities across the North of Ireland.
The Court of Appeal had quashed the PPS’s decision not to prosecute the man, known as ‘Soldier B’, who died earlier this month.
A PPS attempt to appeal this was blocked at the High Court on Tuesday.
In a statement, the PPS said it acknowledged the court ruling, which was made by three senior judges.
“The PPS considered that the Divisional Court judgment in this case raised a number of legal points of general public importance that were still relevant after Soldier B’s death and had the potential to affect other cases,” it said.
“Whilst we believed it was important to seek clarity on these legal issues from the court, we acknowledge the continuing pain of the family of Daniel Hegarty throughout the legal process.”
Daniel Hegarty’s cousin, Christopher Hegarty, who was 16 at the time, was wounded in the same incident.
In 2019, it was announced that Solider B was to be prosecuted for the murder of Daniel.Tags: