The identity of a British soldier who shot dead a father-of-six after mistaking his van backfiring for gunfire has been publicly revealed by a coroner in Belfast.
Sgt Allan McVitie from the Parachute Regiment has been named as the man who fired the two shots that killed van driver Henry Thornton outside a police station in west Belfast in 1971.
Mr McVitie is now deceased.
Delivering his findings in a long-running inquest into Mr Thornton's death at Belfast Coroner's Court, Coroner Brian Sherrard ruled the paratrooper's actions were not "necessary, reasonable or proportionate".
In lifting the anonymity order that had protected Mr McVitie’s identity, the coroner made it clear that this would not set a precedent for other legacy cases involving the British military.
“Each and every one has to be looked at on its own merits,” he told the court.
“Anonymity applications will be looked at in a very structured and careful way in each of those cases.”
As Mr McVitie is dead, it could not have been argued that his individual security was at risk by naming him - a consideration that is a major factor in anonymity decisions relating to living current and former security force members.
Mr Thornton (29) died almost instantly when the soldier shot him through the rear of his van, close to Springfield Road police station in August 1971.
The labourer, from Silverbridge, Co Armagh, and his colleague, Arthur Murphy, were driving to work early in the morning when the incident occurred.
The police station was repeatedly attacked during the Troubles.
Mr Sherrard delivered his preliminary findings on the case last year.
The only addition in his finding ruling was the insertion of Mr McVitie’s name.
‘Honest belief’
The coroner acknowledged that the paratrooper chased after the van with the “honestly held belief” that shots had been fired at the police station.
However, the cornorer said Mr McVitie’s decision to open fire himself was not justified, even if the occupants had been armed.
The coroner said there were other non-fatal options open to the soldier.
No weapon was found in Mr Thornton’s van.
“There is no evidence that Sgt McVitie considered a less forceful response to the situation than the death of the driver,” said the coroner.
“The shooting of Mr Thornton was neither a necessary nor reasonable nor a proportionate response to the situation that Sgt McVitie actually encountered, or thought he encountered.”
A lawyer for the British ministry of defence passed on his condolences to Mr Thornton’s family following the ruling.
PA