A FORMER British soldier will stand trial for shooting a vulnerable man in the back in Northern Ireland over 40 years ago.
A senior judge has rejected an application from the ex-British soldier, who served during the Troubles, to have his case dismissed.
Mr Justice Colton ruled that Dennis Hutchings should stand trial for the attempted murder of John Patrick Cunningham in Benburb, Co. Armagh in 1974.
Mr Cunningham was shot in the back as he ran away from an army patrol.
Mr Hutchings and a man identified as ‘Soldier B’ who has since died, both fired their guns at the fleeing 27-year-old.
A total of five shots were fired by two rifles but it has never been confirmed who discharged the fatal bullet.
Mr Hutchings – who is now 76 and suffering from ill health – applied to stay proceedings against him on three grounds.
Those are non-availability of evidence, delay in the case and a breach of a promise that he would not be prosecuted for the incident.
He denies charges of attempted murder and causing grievous bodily harm with intent.
Ex-soldier Dennis Hutchings 'gutted' after learning he will be tried for attempted murder in connection with a fatal shooting in Northern Ireland in 1974. pic.twitter.com/10Hbmmr9d1
— BBC News NI (@BBCNewsNI) May 10, 2018
It is the Crown’s case that in firing the shots, Hutchings intended to kill or cause grievous bodily harm to Mr Cunningham.
The case will be mentioned again at the end of June.
