15
McCANN AND OTHERS v. THE UNITED KINGDOM JUDGMENT
had been made to identify a suitable place in Gibraltar for the terrorists to be
held in custody following their arrest.
56. On reaching the junction of Smith Dorrien Avenue with Winston
Churchill Avenue, the three suspects crossed the road and stopped on the
other side talking. Officer R, observing, saw them appear to exchange
newspapers. At this point, Soldiers C and D were approaching the junction
from Smith Dorrien Avenue. Soldiers A and B emerging from Landport
tunnel also saw the three suspects at the junction from their position where
the pathway to the tunnel joined Corral Road.
57. As the soldiers converged on the junction, however, Savage split
away from suspects McCann and Farrell turning south towards the Landport
tunnel. McCann and Farrell continued north up the right-hand pavement of
Winston Churchill Avenue.
58. Savage passed Soldiers A and B, brushing against the shoulder of B.
Soldier B was about to turn to effect the arrest but A told him that they
should continue towards suspects McCann and Farrell, knowing that C and
D were in the area and that they would arrest Savage. Soldiers C and D,
aware that A and B were following suspects McCann and Farrell, crossed
over from Smith Dorrien Avenue and followed Savage.
9. McCann and Farrell shootings
59. The evidence of Soldiers A and B at the inquest was to the following
effect.
60. Soldiers A and B continued north up Winston Churchill Avenue after
McCann and Farrell, walking at a brisk pace to close the distance. McCann
was walking on the right of Farrell on the inside of the pavement. He was
wearing white trousers and a white shirt, without any jacket. Farrell was
dressed in a skirt and jacket and was carrying a large handbag.
61. When Soldier A was approximately ten metres (though maybe closer)
behind McCann on the inside of the pavement, McCann looked back over
his left shoulder. McCann appeared to look directly at A and the smile left
his face, as if he had a realisation of who A was and that he was a threat.
Soldier A drew his pistol, intending to shout a warning to stop at the
same time, though he was uncertain if the words actually came out.
McCann’s hand moved suddenly and aggressively across the front of his
body. A thought that he was going for the button to detonate the bomb and
opened fire. He shot one round into McCann’s back from a distance of three
metres (though maybe it may have been closer). Out of the corner of his
eye, A saw a movement by Farrell. Farrell had been walking on the left of
McCann on the side of the pavement next to the road. A saw her make a
half turn to the right towards McCann, grabbing for her handbag which was
under her left arm. A thought that she was also going for a button and shot
one round into her back. He did not disagree when it was put to him that the
forensic evidence suggested that he may have shot from a distance of three