19
McCANN AND OTHERS v. THE UNITED KINGDOM JUDGMENT
78. After the three suspects had split up at the junction, Soldier D crossed
the road and followed Savage who was heading towards the Landport
tunnel. Savage was wearing jeans, shirt and a jacket. Soldier C was briefly
held up on the other side of the road by traffic on the busy road but was
catching up as D closed in on Savage. D intended to arrest by getting
slightly closer, drawing his pistol and shouting "Stop. Police. Hands up".
When D was about three metres away, he felt that he needed to get closer
because there were too many people about and there was a lady directly in
line. Before D could get closer however, he heard gunfire to the rear. At the
same time, C shouted "Stop". Savage spun round and his arm went down
towards his right hand hip area. D believed that Savage was going for a
detonator. He used one hand to push the lady out of line and opened fire
from about two to three metres away. D fired nine rounds at rapid rate,
initially aiming into the centre of Savage’s body, with the last two at his
head. Savage corkscrewed as he fell. D acknowledged that it was possible
that Savage’s head was inches away from the ground as he finished firing.
He kept firing until Savage was motionless on the ground and his hands
were away from his body.
79. Soldier C recalled following after Savage, slightly behind D. Savage
was about eight feet from the entrance to the tunnel but maybe more. C’s
intention was to move forward to make arrest when he heard shots to his left
rear from the direction in which Farrell and McCann had headed. Savage
spun round. C shouted "Stop" and drew his pistol. Savage moved his right
arm down to the area of his jacket pocket and adopted a threatening and
aggressive stance. C opened fire since he feared Savage was about to
detonate the bomb. He saw something bulky in Savage’s right hand pocket
which he believed to be a detonator button. He was about five to six feet
from Savage. He fired six times as Savage spiralled down, aiming at the
mass of his body. One shot went into his neck and another into his head as
he fell. C continued firing until he was sure that Savage had gone down and
was no longer in a position to initiate a device.
80. At the inquest, both soldiers stated under cross-examination that once
it became necessary to open fire they would continue shooting until the
person was no longer a threat. C agreed that the best way to ensure this
result was to kill. D stated that he was firing at Savage to kill him and that
this was the way that all soldiers were trained. Both soldiers, however,
denied that they had shot Savage while he was on the ground.
Soldier E (the attack commander) stated that the intention at the moment
of opening fire was to kill since this was the only way to remove the threat.
He added that this was the standard followed by any soldier in the army
who opens fire.
81. The soldiers put on berets after the incident to identify themselves to
the police.