HET Review Summary Report into the death of William Francis ...

time, that the soldier was clearly mistaken in his observations, and that
his actions in deliberately shooting McGreanery were clearly wrong.
I feel that the only way to establish the truth of the incident to the
satisfaction of everyone is to proceed against soldier “A” for the murder
of William Francis McGreanery. I am satisfied that a prima-facie case of
murder has been established against him and I recommend proceedings
accordingly.
HET Comment: Prima facie is a Latin expression that is used in the
modern English legal system. In layman’s terms it means that on first
examination of the facts the evidence must be sufficient to prove that a
particular offence has been committed and justify criminal proceedings.
On November 15, 1971 the Chief Crown Solicitor passed the matter to
the Attorney General for his observations. As a result of what the
Attorney General said, the Chief Crown Solicitor responded to the Chief
Constable on December 23, 1971 in the following terms:
1. If soldier A was guilty of any crime in this case, it would be
manslaughter and not murder. Soldier A whether he acted wrongly
or not, was at all times acting in the course of his duty and I
cannot see how the malice, express or implied, necessary to
constitute murder could be applied to his conduct.
2. Is there a prima-facie case of manslaughter? There is a sharp
conflict between soldier A and the civilian witnesses. If the latter
are right then there is a clear prima-facie case of manslaughter
and if soldier A is right then the homicide is not criminal.
Obviously one must look for independent evidence and this is
forthcoming in that of Dr. Carson, the pathologist. His findings
are that “the bullet must have come from the front of the
deceased somewhat to his left and slightly above him at a time
when his left forearm was held in front of his chest. It could not
have come from his right side.” This evidence destroys most of
the civilian evidence which to be true would require the deceased
to be shot on the right hand side and certainly not “at the time
the forearm must have been flexed at the elbow and held up in
front of the chest, either vertically or horizontally or in some
intermediate position” – as Dr. Carson says. Dr. Carson’s evidence
does not of course prove that the deceased had a rifle but it is
27/5/2010
32