Inquest Finds Force Against 16-Year-Old Boy Was Unreasonable
An inquest into the shooting of five individuals in west Belfast has determined that the force used against a 16-year-old boy was "not reasonable."
John Dougal was among those shot in the Springhill estate, west Belfast, on 9 July 1972. The others killed were Patrick Butler, 38; Father Noel Fitzpatrick, 42; David McCafferty, 15; and Margaret Gargan, 13.
The families of the deceased believe the Army was responsible for the deaths and are seeking the truth surrounding the incident. At the time, soldiers stated they had been firing at gunmen.
Delivering his findings on Thursday, Mr Justice Scoffield stated that John Dougal was shot while he was "more than likely running away and likely taking cover" as he "considered himself to be at risk of being shot."
"Soldier A is much more likely to have shot John Dougal."
The judge said he was "satisfied" that John Dougal was "shot by an individual in Corey's Yard" and that he was killed by a single bullet to the chest in a "direct hit, not at close range." He added:
"Soldier A is much more likely to have shot John Dougal."
Mr Justice Scoffield concluded that he "couldn't be persuaded that John Dougal was armed or not either before, or at the time of the shooting."
The court also heard there was no evidence that Soldier A "shouted a warning" at the teenager before firing the fatal shot.
It was revealed that John Dougal was a member of Na Fianna Éireann, the youth wing of the IRA, but on the balance of probabilities he "had not progressed into the adult IRA." The court also heard there was "no military intelligence to support that John Dougal had joined the IRA."
The inquest received its final submissions in April 2024. It examined whether those killed were shot by military gunfire or by gunfire from republican or loyalist paramilitaries.
As the families and supporters of those killed arrived at the coroner's court on Thursday, they were greeted by applause.
They walked together, holding a banner which read "time for truth" alongside images of the deceased.
Junior minister Aisling Reilly, West Belfast MP Paul Maskey, and People Before Profit MLA Gerry Carroll were among those supporting the families.
What happened at Springhill?
On 9 July 1972, three Catholic teenagers, a father of six, and a priest were shot dead in the Springhill estate, west Belfast.
The victims were John Dougal, 16; Patrick Butler, 38; Father Noel Fitzpatrick, 42; David McCafferty, 15; and Margaret Gargan, 13.
Their deaths occurred amid rising tensions in the region. The previous summer, eleven people had been shot dead in the neighbouring Ballymurphy area, and just five months earlier, 13 people had been killed in Londonderry in a shooting that became known as Bloody Sunday.
A few weeks after the Springhill shooting, on 21 July 1972, 19 Irish Republican Army (IRA) bombs exploded across Belfast, killing nine people and injuring 130 others in what became known as Bloody Friday.
The original inquest into the Springhill shootings was held in 1973, with the coroner returning an open verdict.
In 2014, then Attorney General John Larkin directed that new inquests should be held.
At the time, coroner investigations into Troubles-related deaths were scheduled to cease on 1 May 2024 under the terms of the government's Legacy Act, so the judge, Mr Justice Scoffield, agreed to fast-track the timetable.
The deaths at Springhill occurred during the bloodiest year of the Troubles, with 472 people killed as a result of the violence.
A new inquest into the shootings opened in Belfast in February 2023 to examine whether the victims were killed by military gunfire or by gunfire from republican or loyalist paramilitaries.
Margaret Gargan was 13 when she was killed, John Dougal was 16.
David McCafferty's (left) sister said her family had been left heartbroken by his death. Patrick Butler's daughter said their "childhood ended" when he was killed.
Fr Noel Fitzpatrick was described as a "gentle and charismatic person" by his niece.
