PRESS RELEASE
FAMILY OF ANNETTE MCGAVIGAN SEEK PRESERVATION ORDER OF ALL TROUBLES PAPERS HELD BY MOD FROM 1969 TO 2000
HARTE COYLE COLLINS, SOLICITORS & ADVOCATES
ISSUED 28th APRIL 2025
Lawyers acting on behalf of the family of Annette McGavigan (14) who they believe was killed by a member of the Royal Green jackets on the 6th of September 1971 in Derry, wrote to the British government on the 17th of April 2025 requesting an extension of a Preservation Order regarding all MOD Operation Banner documents dating from August 1969 to July 2000.
Lawyers for the brothers and sisters of Miss McGavigan wrote to the Lord Chancellor, Sabana Mahmood MP, asking her to extend a Preservation Order previously issued under the Conservative government in December 2014. The 2014 Preservation Order was a statutory instrument which directed the MOD and Secretary of State to preserve and retain all MOD Operation Banner documents for a period of 10 years. The 2014 Order lists the documents to be preserved as including “Operational briefs and summaries, log sheets, patrol and incident reports from Operation BANNER in Northern Ireland.”
The 2014 Order secured the preservation of “approximately 50,000 records comprising operations briefs and summaries, log sheets, patrol and incident reports from Operation BANNER.” The Order states that “These records are those of Operation Banner (British Armed Forces Operation in Northern Ireland from August 1969 to July 2007) and that their retention is required to support ongoing statutory and judicial proceedings.”
The original 2014 Preservation Order was disclosed by the Lord Chancellor as a result of a judicial review application by the family of Annette McGavigan when it was served as disclosure by the Crown lawyers during the course of those proceedings.
The family now want to ensure that the MOD continues to preserve all army documents relating to Operation Banner for the period 1969 to 2007 in order to ensure that they, and other families seeking information in legacy cases, can potentially obtain access to relevant state materials for the purposes of legacy inquests, civil actions and all other legal proceedings.
The next of kin of the 14 year old schoolgirl were granted a fresh inquest by the Attorney General for Northern Ireland just minutes after they received a negative prosecution decision from the Public Prosecution Service on 29th April 2024. All of this occurred just the day before the guillotine date of the Legacy Act 2023, on the 30th of April 2024.
The Labour government have, however, now publicly committed to honoring the fresh inquests which were directed by the Attorney General before the cut off date 30th April 2024. It is understood that there are over 22 inquests relating to 40 deaths in Northern Ireland still outstanding, with some other previously unallocated legacy inquests also due to be honored.
The McGavigan family also await a review decision by the Director of Public Prosecutions Mr Stephen Heron, regarding the potential prosecution of the member of the Royal Green Jacket Regiment who they believe was responsible for the fatal shooting of their sister on the 6th of September 1971.
Since 2015 fresh evidence including eye-witness accounts, pathology and ballistic evidence has been submitted by LIB to both the Attorney General and the Public Prosecution Service for consideration of a fresh inquest and a prosecution. Both the Attorney General and the PPS also considered interviews conducted by the HET with 2 members of the Royal Greenjackets in 2011 and 2013.
The PSNI interviewed a third soldier under caution in May 2023 and submitted a file to the PPS in February 2024. A negative decision on prosecution by the PPS issued on 29th April 2024. The family immediately lodged a request for a review of this negative decision. A year has now passed since the date of their review request and the family still awaits a final decision. The MOD has never accepted responsibility for the fatal shooting of the child.
Patricia Coyle, solicitor for the family said today;
“My clients still await a review of the negative decision from the PPS regarding prosecution of military personnel for the murder of their sister. In the meantime they seek the preservation of all relevant state documents to ensure that these remain available for all legal proceedings going forward including the fresh inquest which was directed the day before the deadline imposed by the Legacy Act of 1st May 2024. We await response from the Lord Chancellor, the Minister for Defence, and the Secretary of State for Northern Ireland to this request. The preservation of these records is of paramount importance for all families in Northern Ireland access who seek access to information and truth about the killing of their loved ones.”
Martin McGavigan, brother of Annette said today;
“We have campaigned for 54 years for truth about the circumstances of Annette’s killing. Is the government waiting for the solider responsible to die or for family members to die before that happens? At the very least the government must preserve the MOD and other state records, not just for our family but for all families seeking justice for their loved ones.”
Contact Patricia Coyle
02890 278227
