McCANN AND OTHERS v. THE UNITED KINGDOM JUDGMENT
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12. Eyewitness accounts of the Savage shooting
82. Witnesses H, I and J had been involved in surveillance of the three
suspects in or about the Smith Dorrien/Winston Churchill area.
83. Witness H had observed Soldiers A and B moving after McCann and
Farrell up Winston Churchill Avenue. He moved to follow Savage whom he
noticed on the corner about to turn into the alleyway leading to the Landport
tunnel. He indicated Savage to Soldiers C and D who were accompanying
him at this point. While he was moving to follow Savage, H saw the
McCann and Farrell shooting from a distance. He continued to follow after
Savage, who had gone into the alleyway. He heard a siren, a shout of "Stop"
and saw Savage spin round. The soldiers were five feet away from Savage.
H then turned away and did not witness the shooting itself.
84. Witness I had met with Witness H and Soldier D and had confirmed
that Savage had gone towards the Landport tunnel. Witness I entered the
alleyway after the shooting had begun. He saw one or two shots being fired
at Savage who was on the ground. He saw only one soldier firing from a
distance of five, six or seven feet. He did not see the soldier put his foot on
Savage’s chest while shooting.
85. Witness J had followed after Savage when he had separated from
McCann and Farrell. When Savage was twenty feet into the alleyway near a
large tree, she heard noise of gunfire from behind and at that same time a
police siren in fairly close proximity. Savage spun round very quickly at the
sound of gunfire, looking very stunned. J turned away and did not see the
shooting. When she turned round again, she saw Savage on his back and a
soldier standing over him saying, "Call the police".
86. Mr Robin Mordue witnessed part of the shooting but as he fell to the
ground himself and later took cover behind a car he saw only part of the
incident. He did not recall Savage running. When he saw the soldier
standing over Savage, there were no more shots.
87. The evidence of Mr Kenneth Asquez was surrounded by the most
controversy. A handwritten statement made by him appears to have been
used by Thames Television in its documentary "Death on the Rock" (see
paragraph 125 below). The draft of an affidavit, prepared by a lawyer acting
for Thames Television who interviewed Mr Asquez, but not approved by
him, was also used for the script of the programme. In them, he alleged that
while in a friend’s car on the way to the frontier via Corral Road, he passed
the Landport tunnel. He heard "crackers" and saw a man bleeding on the
floor. He saw another man showing an ID card and wearing a black beret
who had his foot on the dying man’s throat and was shouting, "Stop. It’s
OK. It’s the police". At that instant, the man fired a further three to four
shots. At the inquest, he stated that the part of the statement relating to the
shooting was a lie that he had made up. He appeared considerably confused
and contradicted himself frequently. When it was pointed out to him that
until the inquest it had not become known that the soldiers wore berets (no