4 September 1999 Update
Yesterday in Belfast's High Court, the family of Peter McBride won a judicial review against the British Ministry of Defence (MOD). The review followed the controversial decision by an Army Board to allow two Scots Guards, Mark Wright and James Fisher, to rejoin their regiment despite having been convicted of the murder of 18 year old Peter Mc Bride in 1992.
The McBride's court victory, while unprecedented, was long overdue. The next logical step in this case is for the Army Board to discharge the two soldiers.
Mr Justice Kerr's ruling will also have a bearing on the case of Lance Corporal Lee Clegg. Clegg -- originally found guilty of murder in connection with the death of 18-year-old Karen Reilly -- was recently found guilty of wounding with intent in relation to the death of Martin Peake. He is still serving in the British Army.
The Pat Finucane Centre will continue to pressure the Ministry of Defence in relation to both these cases.
Today is the seventh anniversary of Peter McBride's murder.
A related article from the Irish News 4 September 1999
By Jonathan Turner
THE family of murdered north Belfast teenager Peter McBride made legal history yesterday when they won a judicial review into the army's decision not to dismiss the two soldiers who killed him.
After the landmark judgement by Mr Justice Kerr the McBride family immediately renewed their call for the soldiers to be thrown out of the army.
Scots Guards James Fisher and Mark Wright were convicted of murdering the 18-year-old in 1995 after they shot him in the back three years earlier.
They were released on licence last year after six years in custody and were taken back into their regiment.
A meeting of the army board decided that the soldiers should be reinstated, despite their convictions.
Last night the ministry of defence said it was too early to comment fully on the decision.
In a reserved judgement, Mr Justice Kerr said it would be necessary for the soldiers' application to be retained to be considered afresh.
"As I understand it, an army board need not take this decision. If it is to be taken by a board, however, it is my view that a differently constituted board should carry out that task," he said.
The judge added that the army board had accepted the guardsmen had merely made an error of judgement or, at least, that they did not reject that claim.
"Yet the board also stated that they accepted the findings of the trial judge (Lord Justice Kelly) and the court of appeal.
"A finding that the guardsmen's actions were the result of an error of judgement is wholly inconsistent with the findings of the trial judge.
"If the board accepted his findings they could not do other than reject that claim, in my opinion.
"I am driven to the conclusion, therefore, that they did not do so because they failed to understand and give proper effect to the findings of the trial judge."
Fisher and Wright had no justification for shooting Mr McBride, he added.
"If the board had properly appreciated the purport of his judgement on this point, they could not have allowed the claim that there had been an error of judgement to play any part in the decision that there were exceptional circumstances which justified the retention of the soldiers in the army."
Outside the court Mrs McBride said she was "absolutely delighted".
"Now I want these soldiers put out of the army straightaway without any further hearings," she added.
The McBride family were deeply upset by the high-profile campaign to have the soldiers freed and reinstated, which was supported by figures like Martin Bell and Ludovic Kennedy.
The victim's father Peter said: "If they start this again I hope someone in the media goes to them and asks them to read the evidence for themselves before they start saying anything.
"Maybe then they will see what the truth is."
A spokesman for the Ministry of Defence said it was "too early" to say what action they would take.
"The department will study the judgment in detail before deciding on the appropriate way forward," he added.
Welcoming the decision, Sinn Fein's north Belfast assembly member Gerry Kelly said it could not be ignored by the army.