27
McCANN AND OTHERS v. THE UNITED KINGDOM JUDGMENT
being bumped in the street or being hit by a bullet or by a person falling
awkwardly so as to hit the edge of a pavement or bench.
116. Captain Edwards was called by the lawyer representing the soldiers
to rebut this evidence. He was a member of the Royal Corps of Signals and
had experience in VHF/HF radio in combat net radio spectrum. He carried
out tests to see if voice communications were possible on an ICOM-type
radio in the area of or from the Shell garage to Ince’s Hall. The equipment
used was not identical to that of Dr Scott. He stated that it was possible to
receive both voice communication and a single audio tone at the site of the
shootings from the assembly area. He did not however use an encoder and
his equipment was matched and compatible. Mr Feraday was also recalled.
He gave the opinion that if a weak voice communication could be received
then the signal would be sufficient to set off a bomb.
117. It appears to have been accepted by all that the IRA have developed
the use of high-frequency devices, which require shorter aerials and have a
surer line-of-sight effect. These are stated to have the characteristics suitable
for detonation when the operator of the device has line of sight of the bomb
and carry with them less possibility of interference from other radio sources
or countermeasures. No examples were known or at least given as to this
type of remote-control detonation being used other than in line-of-sight
conditions.
4. Submissions made in the course of the inquest
118. At the inquest, the representative of the applicants, Mr P.J.
McGrory, questioned the witnesses and made submissions to the effect,
inter alia, that either the decision to shoot to kill the suspects had been made
by the United Kingdom Government prior to the incident and the soldiers
were ordered to carry out the shootings, or that the operation was planned
and implemented in such a way that the killing of the suspects by the
soldiers was the inevitable result. In any event, in light of the circumstances,
the use of lethal force by the soldiers was not necessary or, if it was
necessary, the force used was excessive and therefore not justified. He
maintained throughout, however, that he did not challenge that the
Commissioner of Police and his officers had acted properly and in good
faith.
119. Soldier F (the senior military commander) and Soldier E (the
tactical commander) denied that there had been a plan, express or tacit, to
execute the suspects. When it was put to Soldiers A, B, C and D, they also
denied that they had been sent out either expressly or on the basis of "a nod
or a wink" to kill the suspects.