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22 January 2015

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Ballymurphy Massacre torture case to be revisited by Court of Appeal

A MAN TORTURED during the Ballymurphy Massacre and who was subsequently convicted of riotous behaviour is to have his conviction referred back to the courts by the Criminal Case Review Commission (CCRC).

Terry Laverty, and his brother John, were caught up in an attack on their local area by the British Army’s Parachute Regiment in what has become known as the Ballymurphy Massacre, 9 to 11 August 1971.

The incident claimed 11 lives, including Terry’s brother John. Many others were injured.

Terry Laverty was detained, stripped, beaten, and made to run barefoot over broken glass and through a gauntlet of British Army soldiers who beat him. One soldier told Terry he’d ‘already killed one Irish bastard and that another wouldn’t matter’. This same soldier put his gun to Terry’s head and pulled the trigger (unknown to Terry, the safety catch was on).

Terry was then taken to Girdwood Barracks and held for 56 hours were he was further tortured.

He was then charged with riotous behaviour and brought directly to court in a forced state of undress and with glass still in his bloodied feet, unaware that his brother John had been murdered only yards from where he was assaulted.

In a statement, released through Relatives for Justice and KRW Law, Terry Laverty said:

“This is an emotional day. I survived with horrific consequences. My family and I have struggled to get this far. I want to thank my wife and my family who have been there for me throughout the darkest of times as a result of my experiences and who are supporting me to right this wrong.

“My brother John was murdered. I owe it to my family and my brother’s memory to ensure that the lies are challenged and the truth is officially told about what really happened over those three days in August 1971. I believe that the soldier who made reference to killing ‘one Irish bastard’ was the same soldier who killed my brother John.

“My parents went to their grave without the truth being officially acknowledged and told. They had to live with the loss of their son John, and the official lies.

“I can still see my father standing in the public gallery of the court where I appeared after being tortured. I can’t imagine his anguish bearing up and supporting us all, with John’s body still in the morgue. And how he broke that awful news to me and yet also struggled to get bail for me to attend John’s funeral.

“My mother’s dignity and love saw us through those darkest of days.

“I’ve gained my courage from both of their memories.

“This is a significant step towards righting a terrible injustice and setting the record straight. There remains a distance to go but this is a good first step.

“Finally, I want to thank Relatives for Justice for all their help and support and especially Andrée Murphy, who has supported me for the past decade.

“I also want to thank my lawyers Kevin Winters, Joe McVeigh and Chris Stanley.”

RFJ Deputy Director Andrée Murphy said:

“This is an important step forward in addressing an egregious violation that by any standard constitutes a war crime.

“There will be many others who were also subjected to such torture and hopefully the courage of Terry will give them hope to come forward.”

Concluding, Kevin Winters of KRW LAW LLP said:

“We have been proud to be instructed by Terry Laverty in his quest for justice to overturn an unlawful conviction following the Ballymurphy Massacre 1971 in which his brother John was murdered by the British Army.

“Terry Laverty now has the opportunity, with the support of our practice and RFJ, to go to the Court of Appeal, with the assessment of the CCRC, to challenge his conviction and sentence for a miscarriage of justice 44 years ago but no less important to him, his family and to many victims of the conflict in the North of Ireland.”

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