Derry Journal, News, Oct 7 2003
A DERRY solicitor representing the family of 15-year-old Daniel Hegarty who was shot dead by the British Army during Operation Motorman has called for the reopening of the case after it was revealed that erroneous information was supplied to the coroner and the DPP.
Mr. Paddy McGurk made his call after a reconstruction of the scene in which the 15-year-old was shot dead was carried out by the Derry human rights group the Pat Finucane Centre.
Mr. McGurk said: "This case has to be reopened as it is quite clear it was never properly investigated. This was clearly a botched investigation and this is illustrated by the fact that the map supplied by the police shows Daniel being shot at a spot some 70 feet away from where he actually was shot."
The solicitor continued: "The DPP refused to reopen this case on the grounds that there had been a full and complete investigation carried out at the time but if the wrong information on where Daniel was actually shot had been given to the coroner and the DPP how can it possibly be said that a full investigation was carried out?"
Daniel Hegarty was shot dead at around 4.15 a.m. on the morning of Operation Motorman on July 31st, 1972. At the time Daniel was accompanied by his two cousins, Thomas and Christopher, who was also shot.
The blood stains from Daniel and photographs taken shortly afterwards reveal that the shooting occurred outside 114 Creggan Heights with the soldiers being some 7 feet away at the time.
But according to the map supplied by the police, the soldiers were 70 feet away when they opened fire with a General Purpose Machine Gun.
Mr. McGurk said: "The fact that the map of this shooting is completely wrong shows that the DPP showed no real interest in properly investigating this death.
"The Minister has already written to the Hegarty family telling them that there was no new evidence that would justify reopening the case.
"But it has been clearly demonstrated that there is new evidence and we are calling for an immediate reopening of Daniel's case.
"The fact that the soldiers were so close to Daniel means that they could have seen quite clearly that he was carrying nothing.
"Also, how could there have been a full investigation when Christopher, who was shot at the same time, was never interviewed about what happened."
Christopher Hegarty who was shot in the side of the head in the same incident, said: "We came up the street and then we saw some soldiers in front of us so we were afraid and turned back.
"As we walked up beside Number 114 the shots suddenly rang out. There was no shout or warning the soldiers just opened fire."
He added: "After the shooting no one ever came to ask me what had happened, I was never interviewed about this at all."
Daniel Hegarty's sister Margaret Brady said she was hopeful that the case would be reopened so her family could have some peace of mind.
She said: "We have always known that Daniel was simply shot dead as he walked up the street but we want a new investigation to prove this.
"I was only 14 when our Daniel was killed but as I grew up I always knew there was something terribly wrong with what had happened.
"The soldiers were that close to Daniel they could have scared him by shouting 'boo', they must have seen he was carrying nothing. All we want is the truth as to what happened that morning to come out."