Hegarty Shooting: 'It was murder' / New witness saw boys seconds before shooting / 'Map flaws must lead to new inquiry'

They say the original RUC map of the shooting scene - which has only recently been handed over to the family - contains glaring inaccuracies. Their claims have been supported by measurements taken by an RUC officer at the time.

Meanwhile, the new witness, who may have been the last person to speak to the schoolboy before he was killed, strongly disputes the official version of events and has photographic evidence to back up their statement. The witness was a close friend of Daniel Hegarty and is adamant that the teenager and his two young companions were not just unarmed - but had nothing in their hands, just seconds before Daniel Hegarty was killed by a member of the Royal Scots Regiment.

According to the map of the shooting provided by the RUC, and seen by the Derry News, Mr Hegarty was shot from a distance of 25 yards. The actual spot where Mr Hegarty was killed, according to the witness who has produced photographic evidence seen by the Derry News, was on the opposite side of the street and at an entirely different location than that marked on the RUC map.

It apparently confirms relatives' claims that the teenager was shot at a range of less than eight feet.

New witness saw boys seconds before shooting

The Derry News can reveal that, over 30 years after the death of 15-year-old Daniel Hegarty during Operation Motorman on July 31 1972, a new witness has emerged who may have been the last person to speak to the schoolboy before he was killed and strongly disputes the official version of events.

The witness, who asked that their identity be protected until an official statement has been made, is adamant that all three were unarmed and held nothing in their hands. It is also stated categorically that the scene of death marked on a map provided by the RUC to the investigation is highly inaccurate. The witness who was of a similar age to Hegarty recalls speaking to him and his cousins, Christopher and Thomas as they walked along Creggan Heights past the witness' house.

Minutes later two shots rang out and the witness saw two muzzle flashes coming from the alleyway between 112-114 Creggan Heights. Ducking into the house to escape the gunfire the witness came out again at daybreak in time to witness a body being carried into the back of an ambulance. A plastic sheet was spread on the ground at the spot where Daniel was shot, the location was also marked by a crucifix and flowers.

The witness has a vivid memory of a Centurion tank then coming up the street and standing on the edge of the plastic sheeting in an attempt to preserve the scene and therefore the evidence. A stand off occurred between the witness and the tank driver but eventually the vehicle passed by without disturbing the scene.

According to the map provided by the RUC, and seen by the Derry News, Mr Hegarty was shot from a distance of 25 yards. But increasing amounts of evidence show that this was not the case and that the teenager was shot at a range of less than eight feet and in an entirely different location to that shown on the map.

The actual spot where Mr Hegarty was killed, according to the witness who has produced photographic evidence seen by the Derry News, was on the opposite side of the street and at an entirely different location than that marked on the RUC map. The Hegarty family this week staged a re-enactment of the incident at the spot where Daniel was killed.

'Map flaws must lead to new inquiry

The family of Derry teenager Daniel Hegarty who was killed by the British Army during Operation Motorman in 1972 say that the flaws in the RUC's map of the shooting should be enough to secure a new inquiry into the 15 year old's death. The map which has been produced by the PSNI following a lengthy campaign by the Hegarty family puts the distance between Mr Hegarty and his killer at 25 yards when the fatal shots were fired. But the family argue that in actuality the distance was a matter of feet. This theory has been supported by calculations made on the bloodstains from the incident taken by a police officer in 1972 who put the distance at 7 feet 8 inches from the soldier's stated position. It is also backed by the new eyewitness who came forward this week. When this was put to the PSNI, they said that the information was confidential.

A spokesperson told the Derry News: "Police regard enquiries from bereaved families or their representatives as confidential. Accordingly, it would be inappropriate to comment on these individual cases. "However, the Police Service does work to ensure that enquiries from bereaved families are responded to in a sensitive manner and as promptly as possible."
The DPP was also contacted. Assistant Director of Prosecutions, Raymond Kitson said he was unaware of the claims regarding the map, but stated: "Any fresh evidence submitted through the proper channels will be given careful consideration."

No new inquiry

Earlier this year, the then Victim's Minister Des Browne, in a tersely worded letter to the Hegarty family, stated that he did not intend to re-open the Inquiry and provided scant and inaccurate details off the case before adding, "The information represents the last substantive response this office is expecting to make in relation to the details of your case."

There had been initial claims, in 1972, that Daniel Hegarty had been a gunman or petrol bomber and that that was the reason for his being shot. The Hegarty family regards this as an outrageous slur. When this issue was brought to the attention of Browne he assured the family that there had never been any question of Daniel being branded a gunman or petrol bomber. However the Derry News has obtained government documents from 1972, which prove that this theory was aired at Westminster on a number of occasions.

On the day Daniel Hegarty was killed Sir Burke Trend, the Cabinet Secretary, sent a memo to Prime Minister Ted Heath stating: "No more than 32 rounds were fired by the army during the operation. Five gunmen were seen to be hit; and two killed and two wounded bodies were recovered."

Two people died during Motorman (the two 'gunmen' described above) obviously this refers to Mr Hegarty.

Gunman

In the House of Lords the same day, the Secretary of State for Defence, Lord Carrington stated: "The information I have about the two who were killed is that one was 19 and the other 16 (sic), and that one was apparently in possession of arms while the other is suspected of being a gunman."

The Derry News contacted the NIO to put these points to the newly incumbent Victim's Minister Angela Smith and were invited to submit a written series of questions. At time of press there was no response.