Quinn v Ministry Of Defence

[1]������� The Plaintiff, who was born on 2 nd January, 1955, who resides with his wife in Rathfarnam in Dublin, and who had a long and successful career in banking, claims damages against the Defendant in respect of injuries suffered by him when, at the age of 17, he was shot by an unidentified soldier in Glenfada Park, Londonderry, on the afternoon of Sunday 30 th January, 1972.

[3]������� At the time of these events, the Plaintiff was a lower 6 th year student in St Columb�s in Derry. He was studying History, English, and French to A Level. He and several school friends decided to take part in the civil rights march planned for Sunday, 30 th January, 1972. The Plaintiff�s father who was a fitter employed by the Lough Swilly Bus Company also took part in the march but the Plaintiff was not with his father during the march.

[6]������� Whilst in this location he was photographed and the Court has been provided with a copy of that photograph. The Plaintiff is seen standing partially behind a wooden fence and in the foreground, Mr Wray is seen wearing a woollen hat and to Mr Wray�s right a number of individuals are seen carrying a person who had been shot. This was Mr Michael Kelly who was killed that day and the Plaintiff, a 17‑year‑old school boy, of unblemished record and from a good family background, saw Mr Kelly being carried through Glenfada Park North, shortly after Mr Kelly had been shot.

[7]������� The Plaintiff remembers hearing quite a lot of shooting at this stage from the area of Rossville Flats and remembers a large number of individuals rushing into Glenfada Park North in an effort to flee from the shooting. The situation was confused but he remembers hearing shouting that soldiers were coming into Glenfada Park North and this engendered panic in him and many others.

[9]������� The Plaintiff�s first appreciation of the fact that he had been shot was seeing a spray of blood, tissue and bone fragments exploding from his face. He stumbled but did not fall and all he could think about was making his way to the safety of the alleyway. He remembers the man who had asked him to help hold the banner earlier was beside him at this stage and he remembers this individual pitching forward and falling heavily to the ground, having been shot dead just a short distance away to his right. This was Mr Wray.