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FORMER British soldier Dennis Hutchings has asked to take his case to the European Court of Human Rights in a bid to block historical attempted murder charges relating to his service in the north of Ireland being brought against him.
Lawyers for the 79-year-old army veteran have written to Northern Ireland Secretary Brandon Lewis seeking permission to approach the Strasbourg court, claiming discrimination and a breach of his human rights.
The former member of the Life Guards regiment faces prosecution for the attempted murder of John Patrick Cunningham in June 1974.
Mr Cunningham, a 27-year-old with learning difficulties, was fatally shot in the back while fleeing from a patrol vehicle near Benburb, Co Tyrone. He was running across a field towards his home when Mr Hutchings and another soldier, now dead, fired at him.
Mr Hutchings is due to stand trial in Belfast later this year, charged with attempted murder and attempted grievous bodily harm with intent. He denies the charges.
His regiment has become the public face of opposition to charges being brought against British troops for crimes committed during the Troubles.
The army veteran has spoken at rallies in support of “soldier F,” the only former paratrooper to face charges related to the Bloody Sunday killings in Derry in January 1972.
Vowing to appear in court in full military uniform, Mr Hutchings has threatened that protests against the prosecutions of former British service personnel would bring “Britain to a standstill.”
Mr Hutchings has accused the Belfast court of deliberately delaying his hearing, claiming that the authorities hope he dies before it takes place.
Debate is raging over plans by the British government to protect veterans under the Overseas Operations Bill from prosecution for historical crimes committed while on active service.
A number of backbench Tory MPs, including former officer Johnny Mercer, claim there is a “witch hunt” against former soldiers.
Mr Mercer resigned from his post as defence minister last week over an amendment to the Bill that would exempt soldiers who served during the Troubles from a five-year limit on prosecutions.
Mr Hutchings claims he is being prosecuted because the British government is “terrified of upsetting Sinn Fein” and “the Northern Ireland government and the legacy department of the PSNI is hounding servicemen because [it’s] easier than chasing terrorists.”
But just six former soldiers who served in the north of Ireland currently face prosecution.
Tens of thousands of republicans and loyalists have been jailed, serving sentences totalling an estimated 100,000 years, compared with just four British soldiers going to prison for less than five years each. All of those jailed after being found guilty of committing murder while on active service were later allowed to rejoin the British army.