The use of lethal force in the shooting of a man by the Army in Co Derry almost 40 years ago was justified, a coroner has found.
Judge Peter Irvine said Francis Bradley, 20, was “engaged in activities on behalf of the IRA” when he was shot 21 times by soldiers near Toomebridge on 18 February 1986.
A fresh inquest into his death was ordered in 2010 by the then attorney general, John Larkin.
Delivering his findings in the legacy inquest at Laganside Courthouse in Belfast, Mr Irvine said the military operation was “planned and controlled in such a way as to minimise to the greatest extent possible the need for recourse to lethal force”.
The court was told that Mr Bradley was described by police as being an “important member of the Provisional IRA”.
He was shot by members of the Special Military Unit, a unit within the Army, when he was in the process of removing a rifle from behind outhouses/sheds at Hillhead Road, Castledawson.
The coroner said he had to consider whether the use of lethal force was justified and the planning and control of the military operation.
The court was told that Mr Bradley had been shot once by a soldier referred to by the cipher Soldier A. This shot shattered his pelvis.
He was then shot a further 20 times by Soldier C, with the final three shots proving to be fatal.
The coroner said: “I find, individually and collectively, that in respect of the sequencing of the firing by both, that they believed there was an imminent threat not only to themselves but to lives of the other members of the patrol as posed by Francis Bradley.
“I find that the use of lethal force deployed by Soldier C when he fired the final shots was reasonable and proportionate to the threat which was present at that particular time by the deceased.
“I also find that the firing of all shots by Soldiers A and C, whether in single mode or automatic mode in the case of Soldier C, was a reasonable and proportionate response to the threat posed by Francis Bradley.
“I also find that this imminent threat was present on each individual occasion when shots were discharged.”
Mr Irvine added: “I am also satisfied that he (Bradley) was involved in some form of terrorist activity that particular evening, at the very least, in the removal of a weapon from a makeshift hide.
“I am satisfied that the initial deployment that evening was a surveillance one, and it was only when Bradley was observed at Blackpark Road, that it turned into a reactive role on behalf the military.”
The coroner said he was satisfied that the “desired intention” of the military operation had been to carry out an arrest.
He added: “In reaching my findings that Francis Bradley was engaged in activities on behalf of the IRA, the inquest has heard evidence to the effect that his name was entered into the IRA roll of honour which described him as a volunteer, County Derry.”
The coroner said that Mr Bradley had died as a result of gunshot wounds which caused lacerations of the heart, right lung, liver and intestines.
He added: “The use of lethal force was justified. Soldier C held the honest belief that it was necessary in order to prevent the loss of life.
“The use of force by the soldiers including the use of lethal force was both reasonable and proportionate.
“The operation was planned and controlled in such a way as to minimise to the greatest extent possible the need for recourse to lethal force. “
