McCANN AND OTHERS v. THE UNITED KINGDOM JUDGMENT
52
which the fatal shooting, given the intelligence assessments which had been
made, was a foreseeable possibility if not a likelihood.
The decision not to stop the three terrorists from entering Gibraltar is
thus a relevant factor to take into account under this head.
206. The Court notes that at the briefing on 5 March attended by Soldiers
A, B, C, and D it was considered likely that the attack would be by way of a
large car bomb. A number of key assessments were made. In particular, it
was thought that the terrorists would not use a blocking car; that the bomb
would be detonated by a radio-control device; that the detonation could be
effected by the pressing of a button; that it was likely that the suspects
would detonate the bomb if challenged; that they would be armed and
would be likely to use their arms if confronted (see paragraphs 23-31
above).
207. In the event, all of these crucial assumptions, apart from the
terrorists’ intentions to carry out an attack, turned out to be erroneous.
Nevertheless, as has been demonstrated by the Government, on the basis of
their experience in dealing with the IRA, they were all possible hypotheses
in a situation where the true facts were unknown and where the authorities
operated on the basis of limited intelligence information.
208. In fact, insufficient allowances appear to have been made for other
assumptions. For example, since the bombing was not expected until 8
March when the changing of the guard ceremony was to take place, there
was equally the possibility that the three terrorists were on a reconnaissance
mission. While this was a factor which was briefly considered, it does not
appear to have been regarded as a serious possibility (see paragraph 45
above).
In addition, at the briefings or after the suspects had been spotted, it
might have been thought unlikely that they would have been prepared to
explode the bomb, thereby killing many civilians, as Mr McCann and Ms
Farrell strolled towards the border area since this would have increased the
risk of detection and capture (see paragraph 57 above). It might also have
been thought improbable that at that point they would have set up the
transmitter in anticipation to enable them to detonate the supposed bomb
immediately if confronted (see paragraph 115 above).
Moreover, even if allowances are made for the technological skills of the
IRA, the description of the detonation device as a "button job" without the
qualifications subsequently described by the experts at the inquest (see
paragraphs 115 and 131 above), of which the competent authorities must
have been aware, over-simplifies the true nature of these devices.
209. It is further disquieting in this context that the assessment made by
Soldier G, after a cursory external examination of the car, that there was a
"suspect car bomb" was conveyed to the soldiers, according to their own
testimony, as a definite identification that there was such a bomb (see
paragraphs 48, and 51-52 above). It is recalled that while Soldier G had
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