Family of man shot dead by soldiers in Benburb receives undisclosed damages
The family of a man shot dead by soldiers in County Tyrone almost 50 years ago has secured undisclosed damages in a High Court settlement of their civil action against the Ministry of Defence.
John Pat Cunningham, 27, died in June 1974 after being shot while running from an army patrol near his home in the village of Benburb. He was a vulnerable adult with the mental age of a 10-year-old and had a known fear of men in uniform.
The court was told on Wednesday that the case had been settled without any admission of liability. The family's solicitor, Kevin Winters, confirmed that damages are being paid but said the figure cannot be publicly disclosed.
On the day he was killed, Mr Cunningham had been walking home from volunteering at a local church when he encountered members of the Life Guards regiment. Frightened, he ran into a field but was pursued and shot in the back.
In 2013, the UK Government issued an apology to the family after an Historical Enquiries Team investigation concluded he had been blameless. A Ministry of Defence letter at the time described his death as a tragedy that should not have happened.
Former soldier Dennis Hutchings was prosecuted for attempted murder in connection with the shooting but died during his trial in October 2021 after testing positive for Covid-19. He had denied firing the fatal shots.
Mr Cunningham's nephew, Charlie Agnew, said the settlement represented complete vindication. He stated that his uncle was totally innocent and had been wrongly accused, and that his only intention was to get home safely.
Mr Winters described the outcome as an important step, saying it provided recognition and accountability and that Mr Cunningham had been completely exonerated.