The NI Legacy Bill

[David McKeown]

https://www.rte.ie/news/ireland/2025/0924/1535079-solider-f/

Evidence from the other soldiers to be allowed, great boost for hopes of conviction.

True in so far as there couldn't be a conviction with out same but a conviction seems very unlikely if the reporting of same is accurate

Not sure. His statements, and by extension previous false ones, with the other two soldiers statements that they saw him in action and he boasted about it, are very damning. His only mitigation would be direct orders, and that won't save him.

I meant from a legal point of view. Convictions in which hearsay is the sole or decisive evidence are generally considered unsafe.

So given the reporting of the crowns application and Judge Lynchs written decision, my early feelings are that this is a case very unlikely to meet the high bar required for a conviction.

Also relatedly admission is only the first step, the judge will have to determine what weight he can safely place on same given the inability of the defence to cross examine.

It's certainly not impossible that a conviction would result but I'd be more surprised now if it did than I would have been two weeks ago.

None of this is anything to do with Solider F's guilt of innocence simply whether or not a safe conviction is likely.

But presumably that is all appelate court stuff? The judge has allowed the testimony which will say he openly admitted to murder and admitted it to two others who felt the need to put it in writing

No this will all be the legal issues the trial judge will have to consider at the close of the prosecution case.  Just because a statement has been admitted does not mean the Judge believes it or is willing to place weight on it.  Even if he does he will to determine if it amounts to the sole or decisive evidence against the accused.  If it is it is unlikely that a Judge will ever say in any case that a conviction based on hear say would be safe.

This is all well before any appellate court, which by the way because this is a diplock trial there is an automatic right of appeal too.