Daniel Hegarty with his sister Kathleen who has carried on the fight for justice for her brother
His name will be provided to the family of Daniel Hegarty after the ex-serviceman’s relatives mounted no objection to ending the ongoing anonymity, a judge was told.
A solicitor representing Daniel’s sister, Margaret Brady, described it as a major development in her ongoing civil claim for unlawful killing.
Desmond Doherty said: “This will considerably assist the family from a legal, personal and emotional point of view, knowing the identity of the soldier involved and finally being able to put a name to the letter.”
Fifteen-year-old Daniel was shot twice in the head after the British Army moved into Derry’s Creggan area in July 1972.
Squaddies were deployed during Operation Motorman, a plan to clear so-called ‘no-go areas’ set up by republican paramilitaries at the height of the Troubles.
An inquest jury unanimously found in 2011 that the teenager posed no risk and had been shot without warning.
His 17-year-old cousin, Christopher Hegarty, was wounded in the same incident.
An Army veteran known only as Soldier B had been facing prosecution for Daniel’s murder.
Criminal proceedings against him were at one stage discontinued after the separate trial of two former paratroopers accused of another Troubles-era killing collapsed.
In June last year senior judges in Belfast quashed the Public Prosecution Service’s decision to drop the case against Soldier B.
He died two months later, however, ending any prospect of him ever standing trial.
Ms Brady is now pursuing a civil action against the Ministry of Defence over the alleged unlawful killing of her brother.
Christopher Hegarty is also suing the MoD in a claim for personal injury damages.
With counsel for the family pressing to have Soldier B’s identity revealed, relatives of the deceased veteran were consulted about their views on potentially disclosing his name.
David Heraghty KC informed the court today that no application had been received to maintain anonymity in the case.
“The legal firm representing the family (of Soldier B) have asked for a period of grace of seven days before his identity is provided to the plaintiff, to allow the family some time to come to terms with the development,” the barrister said.
Mr Justice Colton indicated there will no longer be any right to anonymity unless any further application is brought within the next week.
Meanwhile, the civil actions have been listed for a trial hearing in January.
Speaking outside court, Mr Doherty welcomed the “proper but belated” development on behalf of Daniel’s family.
“They have waited 52 years to get the name of the Soldier who (allegedly) killed Daniel and wounded his cousin,” the solicitor said.
“Having said that, the Hegarty family have made consistently clear that they bear no ill-will whatsoever to Soldier B’s family.
“Even on hearing of his death, they offered a Mass for him in Derry.”
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