Bloody Sunday paratroopers win High Court battle against being arrested and taken to Northern Ireland for questioning by police over 1972 shootings 

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Former paratroopers who face questioning over Bloody Sunday have won their High Court battle against being detained and transferred to Northern Ireland for interview by police. 

The seven ex-soldiers, all of whom are in their 60s and 70s, cannot be named. They applied for a judicial review against the Chief Constable of the Police Service of Northern Ireland (PSNI).

Chief constable George Hamilton wants them taken back to Northern Ireland for an investigation into whether criminal offences were committed by soldiers who used lethal force on Bloody Sunday in 1972 - but will have to put up with interviewing the men in England and Wales.

Riots: Soldiers are pictured facing angry crowds in Londonderry, Northern Ireland, in January 1972. A High Court Ruling means that seven soldiers will not be arrested and taken to Norther Ireland for questioning over the events of that day

The ruling protects the men from being arrested by the PSNI, and opens the way for them to be interviewed without arrest at their local station instead. The men have said they will answer 'no comment' to all questions.

Their legal challenge followed accusations that the latest probe into the riots in Londonderry is ‘politically motivated’ and designed to appease the families of the 14 civil rights marchers who were shot dead.

The High Court in London granted the men an order prohibiting the PSNI from arresting them, and instead allowing them to be interviewed locally. The ruling prompted anger from the families of Bloody Sunday victims, who said they will continue to fight for prosecutions.

Lord Chief Justice Lord Thomas, Mr Justice Openshaw and Mrs Justice Carr rejected accusations that they were being invited to provide the men with 'special treatment' which could hinder the probe.

The judges declared in a joint ruling that there was no reason the soldiers could not be interviewed near their homes in England and Wales.

Old wounds: The soldiers, none of whom can be identified, launched the legal bid for fear that going back to Norther Ireland could put them in danger. Pictured is a soldier dragging a protester at the march

They observed that the interviews were likely to be 'short and straightforward' as all the men intend to 'exercise their right to silence' in the interviews.

The judges unanimously ruled: 'If interviewed in Northern Ireland they would not be able to return to their homes during the interview period, but would have to be detained for their own safety in conditions of close custody.' 

James Lewis QC, addressing the court last month, said that it would be 'unlawful, irrational and disproportionate' to arrest and move the men 'for what can only be described as administrative convenience'.

He said all the men were willing to go in for questioning, but intend to make 'no comment'. 

The ex-servicemen fear the police are using the evidence they provided to the 12-year Saville Inquiry into the events of Bloody Sunday – despite assurances it would never be used against them.

They have also questioned the investigation’s legality following the arrest of a 66-year-old former lance corporal, known as Soldier J, on Tuesday.

He was arrested and then bailed on suspicion of a triple murder and one attempted murder – becoming the first soldier to be held over Bloody Sunday. 

The seven men were granted anonymity by the Saville Inquiry, and are known only by the ciphers B, N, O, Q, R, U and V amid fears they could be targeted.

Masses: Marchers are seen above on Bloody Sunday. Police have re-opened inquiries, but will now have to speak to the men in England or Wales rather than bringing them to Northern Ireland

Soldier V, a former lance corporal, was accused of murdering a 17-year-old as he ran across a car park. He denied the allegation and insisted he shot at a petrol bomber. Several other soldiers claimed they hit nail bombers as they came under the heaviest fire they had encountered in Northern Ireland.

The soldiers have previously argued that a murder investigation launched in 2012 is politically motivated.

A source close to the probe told the Daily Mail: ‘The fear is that this is a politically motivated decision to appease the families.

‘Directed or not directed by the victims’ families, the soldiers have always co-operated so after 43 years. Why do they now want to arrest them and take them back to Northern Ireland?’

‘The question is, what is motivating the PSNI to come over and arrest these people? The police have to conduct an investigation but it has to be independent.’

It is understood police have refused to answer requests from lawyers to confirm they are not using evidence given to the Saville Inquiry to assist with their arrests.

The PSNI said earlier this year it expected to arrest seven former soldiers - and police chiefs warned that soldiers may lose their anonymity if they are charged in line with other criminal suspects.

The identity of every soldier who fired a shot on Bloody Sunday was kept secret for fear of revenge attacks. The Government-led inquiry threatened to name them in 1999 but the High Court said they should be granted anonymity, following a campaign led by the Daily Mail.

Kate Nash, whose 19-year-old brother William was killed, said: 'We have fought for a very long time and we will continue to fight. If it takes us to go to England then so be it.'

'I want them tried and, if found guilty, I'll settle for whatever punishment a judge gives them, whether that's two years or whatever. I am not interested in punishment, I am interested in the law taking its course for innocent victims.

'I was not surprised by the court ruling. It is very evident that the MoD and British Government are going to fight this tooth and nail all the way.

'We have never been on a level playing field but I love my brother very much and it has given me a passion for justice, not just for him, but for all innocent victims.'

Mickey McKinney, whose brother William was killed, said: 'We have been here before. It is frustrating and I am angry but time is a major factor in this case. We are all getting older and it is important that we get things moving.

'They would probably get the same interview here (Northern Ireland) as in England, so a decision has been made, so let's get moving on.'

Meanwhile, Sinn Fein has said the court's decision damages confidence in the justice system. 

Raymond McCartney MLA said: 'It has been established that people shot and killed on Bloody Sunday were murdered and PSNI have a statutory duty to investigate and bring the perpetrators to justice.

'The decision by the High Court in Britain this morning to stop suspects being brought to the north for questioning is the latest in a long line of impediments put in the way of this investigation.

'The decision doesn't inspire confidence in the justice system and the PSNI need to be free to investigate these murders in the same way as they would with every other killing.'