Jury finds British army responsible for rioter’s death
The first legacy inquest dealing with controversial deaths from the troubles in Northern Ireland has ended in Derry with the jury unanimously finding that the British army was ultimately responsible for the death of a rioter in the city almost twelve years ago.
Dermot McShane, (35), a machine operator from Hollymount Park in the Waterside area of the city, was crushed to death when a British army Saxon vehicle struck a wooden hoarding he was sheltering behind during Drumcree related rioting on July 13, 1996. He was a former member of the I.N.L.A.
During the disturbances, which were centred in the Little James’ Street area of Derry, the police fired 946 baton rounds and 1,200 petrol bombs were thrown by rioters.
Police, military and civilian witness told the jury that the rioting was the worse ever experienced in Derry throughout the troubles.
In their findings, the eight jurors said that there was confusion and a breakdown of communication between army and R.U.C. personnel resulting in a situation where procedures were not followed.
“The R.U.C. gave direct orders to military personnel, no top cover was used during the driving of the Saxon. The Saxon did not give a warning to the crowd and the barrier was punched through rather than pushed through. Another contributory cause was Mr. McShane’s presence on the rioters’ front line”, the jury forewoman told Coroner Brian Sherrard.
The forewoman added that there was also confusion among R.U.C. officers due to limited planning, team briefings and personnel numbers.
“The military was ultimately in charge of the Saxon involved in the incident. It should not have advanced until the direct order was received from the military commanding officer. The military Saxon driving procedures were not adhered to as top cover was not in place during the advance. The result of these factors was that the hoarding was inappropriately removed.
“Mr. McShane, whilst under the influence of alcohol, was involved in the rioting. He may not have been involved in throwing petrol bombs but he was providing cover for others advancing to police lines. Others who had a role in Mr. McShane’s death were the other rioters who contributed to the intensity of the night and in particular those who abandoned Mr. McShane in a drunken state behind the hoarding while the Saxon advanced”, she added.
The jury also found that the cause of Mr. McShane’s death was multiple injuries. After the jury’s unanimous findings, a brother-in-law of Mr. McShane, Peter Gillen, said the family were relieved that the hearings had ended and they were happy with the findings.
Offering his condolences to the McShane family, the Coroner said the victim had lost his life in particularly terrible circumstances.
“It clearly still has an enormous impact on his family members who attended every day of the Inquest. We all, I am sure, hope that such occurrences are now consigned to history in our country”, he said.
