The family of a Derry man shot dead by the Army have accepted a significant financial settlement in respect of the death of their uncle.
Billy McGreanery was shot dead by a member of the 1st Battalion Grenadier Guards, ciphered ‘Soldier A’, at the junction of Eastway, Lonemoor Road and Westland Street, Derry, late in the evening of September 14 1971.
The 41-year-old underwent surgery at Altnagelvin hospital and died approximately four hours later, in the early hours of September 15.
In 2013, following a public apology from Armed Forces Minister Andrew Robathan, on behalf of the Ministry of Defence and Army, KRW Law wrote to the Attorney General seeking a new inquest.
In 2017 the Attorney General confirmed that he had referred the case to the PPS who then directed the PSNI to carry out enquiries.
The PSNI’s Legacy Investigation Branch undertook a review of the case, before commencing a full investigation.
On 29 April this year the PPS took the decision not to prosecute Soldier A in relation to Mr McGreanery’s death.
The family have asked for a review of this decision and await the outcome.
A day later, on 30 April 2024, the Attorney General for Northern Ireland directed a fresh inquest into the circumstances of McGreanery’s death.
This came just 24 hours before the May 1 deadline imposed by the Legacy Act that halted all legacy inquests.
The family have now accepted a civil settlement from the MoD.
Billy McGreanery, a nephew of the deceased, said: “In my opinion, today the Ministry of Defence have made a financial retribution for the death, pain, anguish and sorrow they have inflected on our family.
“I liken this process to a three-course meal that we fought very hard for and earned. The starter was the apologies for the wrongful killing of Billy, and today is the dessert, financial retribution.
“But they skipped the ‘Main Course’ – Justice, for which we have hungered for 53 years, and for which we can only hope.
“The PPS review puts the justice we crave firmly on the plate, and only a prosecution will satisfy our need for the justice we rightly deserve.”
Gary Duffy, solicitor for the McGreanery family, said today’s settlement is “a long overdue, but nevertheless, welcome endorsement” of the family’s campaign to uncover the truth around this “unjustified and unjustifiable” killing.
“This case highlights the value and merit of such legacy civil actions in truth recovery and obtaining justice,” Mr Duffy added.
“Furthermore, it exemplifies the need to move beyond the Legacy Act and its bar to prosecutions and inquests.
“We look forward to the reinstatement of the family’s inquest and for a decision on the prosecution of the soldier who shot and killed Billy.”
Sara Duddy from the Pat Finucane Centre said the HET that found that Mr McGreanery was unarmed and posed no threat when Soldier A shot and killed him back in 1971.
“However, the real justice would be for Soldier A to be held to account for his actions, and for the PPS now to reverse the decision not to prosecute,” she added.
“We also have concerns that if the prosecution does not move forward, the family will also be denied the inquest they were granted by the Attorney General so close to the Legacy Act deadline.
“The Secretary of State has been ambiguous in his commitment to reinstate all legacy inquests, prioritising those that were prematurely halted without assurances that those granted more recently will also go ahead. Families will not accept the discredited ICRIR (Independent Commission for Reconciliation and Information Recovery) as any type of substitute.”
A PPS spokesperson said: “We received a request to review a decision not to prosecute in this case from the victim’s family in May. The review is currently being carried out by a senior public prosecutor. We will engage directly with the family when this process is complete.”