Settlement Reached in Case of John Pat Cunningham's Death
The family of John Pat Cunningham, a man from County Tyrone with learning difficulties who was fatally shot by British soldiers, is set to receive undisclosed damages following a High Court settlement concerning his killing.
John Pat Cunningham, aged 27, was shot and killed as he fled from an army patrol near his residence in the village of Benburb in June 1974.
Mr Cunningham was described as a vulnerable adult with a mental age estimated at 10 years. He was known to have a significant fear of men in uniform.
Military veteran Dennis Hutchings was prosecuted for the attempted murder of Mr Cunningham but passed away during his high-profile trial in Belfast in October 2021.
Relatives of Mr Cunningham initiated legal action against the Ministry of Defence (MoD), alleging conspiracy related to the circumstances of his death.
During court proceedings on Wednesday, it was announced that the case had been settled without any admission of liability by the MoD.
The family's solicitor, Kevin Winters, stated:
"I can confirm that damages are being paid, but the figure cannot be disclosed."
Mr Cunningham had encountered members of the Life Guards regiment while walking home after volunteering at a local church.
Upon seeing the soldiers, he became frightened and ran into a nearby field. According to the family, he was pursued and shot in the back by a member of the patrol.
In 2013, the UK Government issued an apology to Mr Cunningham’s family after an investigation by the Historical Enquiries Team concluded that he was "blameless" in the incident.
A letter from the MoD acknowledged that Mr Cunningham's death was "an absolute tragedy that should not have happened."
Hutchings, who denied firing the fatal shots, had been experiencing health issues and died at age 80 after testing positive for Covid-19.
His death ended the criminal prosecution, which had faced criticism from unionist politicians who opposed the decision to try him for attempted murder and causing grievous bodily harm.
Mr Cunningham's nephew, Charlie Agnew, expressed that the civil settlement represented full vindication for his uncle.
"Dennis Hutchings had all the headlines, but the real victim in this was pushed aside,"Agnew said.
"John Pat was wrongly accused of all sorts of stuff, but today I can stand here on the steps of the court and say he was totally innocent."
Agnew emphasized that his uncle had a "pathological" fear of individuals in uniform and was merely trying to return home when he was shot.
"All the people who said things about him in the past need to take a look at themselves."
Winters described the settlement as a significant development for the Cunningham family.
"While no sum of money can ever remedy the loss they have suffered, they have been vindicated by the conclusion of these proceedings,"the solicitor said.
"It provides a measure of recognition and accountability which they have long sought. JP Cunningham has been completely exonerated."
