A FORMER soldier from near Torpoint is being prosecuted for the attempted murder of a man with learning difficulties in Northern Ireland in 1974.
John Pat Cunningham, 27, who reputedly had an inherent fear of men in uniform, had the mental age of a child between six and 10, and was shot dead as he ran from an Army patrol.
Retired soldier Dennis Hutchings, 74, is being prosecuted by the Public Prosecution Service for attempted murder.
Two years ago the Government apologised for Mr Cunningham's death in County Armagh and a new investigation was launched into the killing.
The case was reopened after director of public prosecutions, Barra McGrory QC, requested a fresh examination of the circumstances of the shooting.
Mr Hutchings, from Cawsand, Cornwall, was originally charged with attempted murder by the PPS in April.
The charge was subject to review by the PPS, which has now been completed and the decision to prosecute him was confirmed at Armagh Magistrates' Court this morning (Tues).
A preliminary inquiry had been scheduled for 15 December 15 but the PPS said that date could no longer be met.
Michael Agnew, assistant director of the Public Prosecution Service, said: "The PPS has carried out a careful examination of all of the available evidence and information in this case.
"We have concluded that there is a reasonable prospect of conviction and that the test for prosecution is met."
Mr Hutchings is a member of his local sea rowing club, the Rame Gig Club, whose website describes his responsibilities as membership secretary, fitness suite and moorings.
Asked to comment on the prosecution yesterday he said: "I think at the moment I can't. I have to speak to a lot of people today."
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