THE trial of a former British soldier accused of attempting to murder an unarmed civilian near Benburb in 1974 has been adjourned for three weeks after he contracted Covid-19.
Dennis Hutchings (80) denies attempting to murder and cause grievous bodily harm to John Pat Cunningham.
Due to the defendant’s ill health, the non-jury trial has been adjourned for three weeks. The court was told he is currently in isolation in a hotel.
It was sitting for three days each week at Belfast Crown Court to allow Hutchings, who has been diagnosed as suffering from an incurable chronic kidney disease, to receive ongoing treatment.
From Cornwall, he is an ex-member of the Life Guards regiment.
John Pat Cunningham, who had a learning difficulty, was shot in the back and killed as he ran away from an army patrol near Benburb.
It was expected the case would be concluded this week, but there was also no hearing last Friday because of the defendant’s ill health.
Mr Justice O’Hara said, “The optimism from last Monday about finishing the trial this week has faded away. It will not be possible to sit again this week. It will not be possible to resume the trial until Monday November 8.
“We will then resume in the hope that we would finish over the next two weeks that follow. I would like to be kept abreast of Mr Hutchings’ recovery just to confirm we are on track for the target date of November 8.”
The Crown Court judge also stated that the family of John Pat Cunningham would want to know when the trial will be back again.
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