Human rights advocate SARA DUDDY examines the case of Derry teenagers Gary English and Jim Brown [pictured], who were killed by a British army landrover in April 1981.
Last night, in the Museum of Free Derry, the family and friends of Gary English and Jim Brown came together for a launch of a report into the circumstances of their deaths, compiled by the Pat Finucane Centre. It marked 37 years since the teenagers were killed in Creggan Street after being hit, and in Gary’s case, reversed over, by a British army landrover.
But why is this report being produced now?
The story begins six years ago.
On 8th August 2012 Michael English received a letter from the former Chief Constable of the PSNI, Matt Baggott, stating that an independent unit would be conducting a review into the deaths of his two sons, Gary and Charles, who were killed in separate incidents during the conflict. The letter stated that the Historical Enquiries Team (HET) had been set up to review troubles-related deaths after the UK government had been found to be in breach of their procedural duty to investigate under Article 2 of the European Convention of Human Rights in a series of cases brought to the Strasbourg court.
Michael was reluctant to engage, but he had a glimmer of hope. The booklet accompanying the letter promised an independent review that would be conducted with integrity. Against the wishes of some of his family, Michael decided to engage with the support of the PFC. He believed that an intelligent, objective person would see the evidence and reach the only logical conclusion about the death of his eldest son, Gary.
Gary had been killed on Easter Sunday 1981. A landrover, travelling at speed down Creggan Road crossed the junction onto Creggan Street, hit Gary and 18 year old Jim Brown and injured another person, before reversing over Gary’s body, killing him. Jim was also killed.
Michael knows exactly how his son died, and who was responsible. He knows every injury on his son’s body, and there were many. But the justice and coronial systems conspired to obfuscate the true facts around Gary’s death.
The deaths of Gary English and Jim Brown were treated as a road traffic accident, despite eye witness evidence pointing to something more sinister. After mounting public pressure, the two soldiers involved, Hugh Dalton Smith and Stephen Buzzard, were charged with causing death by reckless driving. This didn’t, however, prevent Smith being promoted in the intervening months between the deaths and trial commencing.
The pathologist gave evidence that Gary had been killed on impact. The trial judge then instructed the jury to disregard anything that happened after the initial impact, i.e. to disregard the landrover then reversing over Gary’s body, even though it would have been impossible for the soldiers to know whether or not at this stage the person was alive or dead. Needless to say the soldiers were acquitted by the Belfast jury.
Justice?
Gary’s brother Charles watched his father battle the British legal system for years, doing everything in his power to establish the truth of what happened to Gary. Michael had commissioned an independent pathologist who gave sworn, expert testimony that the impact of the landrover did not kill Gary - he died as a result of being crushed to death when the vehicle was reversed over his injured body. He paid over a thousand pounds for the trial and inquest paper. This did not matter, justice was not served.
When the HET contacted Michael he hoped that finally the truth about Gary’s death would be outlined in an official report after examination of all the evidence. This didn’t happen. The HET was disbanded after it was found unfit for purpose and biased when dealing with cases involving the British army. The family received a draft report, but none of Michael’s issues were addressed.
Michael’s family was then contacted by the Chief Constable again. This time it outlined delay and lack of resources, and a vague promise that the case would be looked at in the future. In the meantime the family had hopes that an independent investigative unit would be established under the 2014 Stormont House Agreement. This hasn’t yet come to fruition.
After Gary’s death, his younger brother Charles joined the IRA. Michael recalls an honest and frank conversation with Charles. He warned his son that this path could lead to jail, years in exile away from his family, or worse, to come home in a box like Gary. Charles told his father that his way had failed, and he had to try another way. He knew the risks.
Charles died four years later on an IRA operation.
Michael is fed up waiting. He didn’t want another anniversary passing in limbo. He asked the PFC to look at the evidence. As part of the PFC’s Recovery of Living Memory Archive (RoLMA) project the PFC also agreed to interview Michael so he could tell his story, in his own words, about the deaths of his two sons.
And last night for the first time this report was shared with Gary and Jim’s family and friends.
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