227 / 494
226
9.27.
Ms. Darby said that she saw blood on Nicholas’ chest. She went
outside to get a handcart from a friend, Peppo, to take Nicholas to hospital. She
managed to put him on the handcart and began to push him. However, soon
after she passed a policeman who was kneeling with a gun, she was herself shot.
9.28.
The post mortem report on Nicholas discloses that he received a
single gunshot wound to his back which travelled towards his chest damaging his
heart and lungs. His hands were swabbed and there is no evidence that the
residue of a firearm discharge was found.
FINDINGS
9.29.
We accept the evidence of Ms. Darby and Ms. Marshall and
we find that Nicholas Wilson was shot by a member of the security
forces on 25 May. Nicholas was shot in his back while inside a room in
Ms. Darby’s house. Miss Marshall saw members of the security forces
on the roof of a nearby building. At that time the area was clearly
under the control of the security forces. Nicholas had gone to his
bedroom, and was returning downstairs when he was shot. The
evidence suggests, at a high level of probability that a criminal offence
may have been committed and we recommend that there be further
investigation into Nicholas’ death.
9.30.
In so far as Ms. Darby admitted that at the time when she
was shot, there were shots being fired in the area, we are unable to say
that she was shot by the policeman whom she had just passed before
she was shot. The inferences from that portion of evidence are
equivocal and, as a matter of law, we are obliged to draw the more
favourable inference in favour of the policeman.