MoD deny responsibility in shooting
The MoD has refused to accept liability for a British soldier who,
while on duty in 1993, opened fire on mourners outside the home of
dead IRA Volunteer Thomas Begley. Ardoyne Republican Eddie Copeland
was shot in the stomach as British soldier Andrew Clarke fired up to
20 shots at mourners.
Copeland is suing the MOD. In an unprecedented move in court on
Monday 18 January the MoD said it did not accept responsibility for
the actions of Trooper Clarke, who was sentenced to 10 years for the
attack but has since been released.
It is believed that this is the first time that the MoD has refused
to accept liability for the actions of a soldier serving in the Six
Counties who committed an offence while on duty.
Speaking about the decision, Copeland said that he has learned not to
take anything for granted but he ``had assumed that after Clarke's
conviction and the fact that he was on duty at the time of the
shooting it was an open and shut case''.
``I thought that there was no way they could distance themselves from
the actions of a soldier they had armed, trained and sent out on
patrol into Ardoyne that day,'' he said.
Gerry Hyland of Madden and Finucane, who are representing Copeland,
believes this latest twist is bizarre. ``The MoD paid out compensation
in incidents such as the Clegg case where they wounded Markiewicz
Gorman, and killed Karen Reilly and Martin Peake,'' he said.
``They give young men guns, train them in the use of these weapons and
warn them about people they consider to be terrorist suspects but
baulk at responsibility when the young man in question actually pulls
the trigger.''
The prosecution, he said, are trying to draw a fine line on
liability. He pointed out that the MoD, during the case, ``admitted
that if Clarke had walked up to Mr Copeland and smashed him in the
face with a rifle butt they would have been liable to damages, as
this action would have been directly connected to his job''.
Mr Hyland has stated that he believes this case will have major
implications for the legal system with the possibility of it going
all the way to the European courts.
Speaking of the implications he said that, ``any decision to allow the
MoD to wash its hands of its troops would be tantamount to a license
for outrageous behaviour''.
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