Legal efforts to compel a former British soldier to give evidence to an inquest into the shooting of three IRA men have probably reached the end of the line, a coroner has conceded.
Mr Justice Michael Humphreys had attempted to force the veteran, known as Soldier F, to testify in the inquest into the deaths of Peter Ryan, Tony Doris and Lawrence McNally in Coagh, Co Tyrone, in June 1991.
The ex-soldier was recently sentenced to six months in prison in Scotland for contempt of court for refusal to comply with a subpoena to give evidence.
His lawyers cited mental health issues in arguing why he should not be compelled to give evidence.
The proceedings in Scotland came after Justice Humphreys took legal action in a bid to secure Soldier F’s attendance.
The former serviceman is not the same person as the Soldier F who is facing two counts of murder over the shooting of 13 civil rights protesters in Londonderry in 1972, an event known as Bloody Sunday.
The men at Coagh were intercepted on June 3 1991 as they drove in a stolen car by SAS soldiers who suspected they intended to murder a member of the security forces.
All three were shot dead in a hail of gunfire. Previous inquest hearings were told up to 150 rounds were fired.
An inquest review hearing in Belfast on Tuesday was told that the proceedings in Scotland were now subject to an appeal that was listed for April.
Under the Government’s Legacy Act, legacy inquests in Northern Ireland need to conclude hearing evidence by a deadline of May 1 this year.
The bulk of evidence has already been heard in the Coagh inquest, apart from Soldier F’s testimony.
Counsel for the coroner Ian Skelt KC said that there was now “no prospect” of Soldier F giving evidence.
Justice Humphreys said the timescales involved meant that the inquest would have to conclude without hearing from the veteran.
“As far as the position with Soldier F is concerned I think we’ve probably reached the end of the line,” he said.
“Every opportunity has been afforded to him. Obviously, action has been taken with the hope of a change of mind. That hasn’t been forthcoming and given the timescales that we’re working to I think it’s necessary for us to bring the evidence to a conclusion in this inquest. That’s regrettable.”
The coroner said it would have been “helpful” to hear from Soldier F.
“But my powers, whilst they are in one sense draconian, they don’t extend to forcing people into the witness box from outside the jurisdiction,” he added.
A previous statement given by Soldier F will now be read into the inquest record next week.
The coroner said he anticipated to deliver findings in the case on April 11.