UK soldiers' 'Bloody Sunday' victory

Thirteen Catholics were shot dead by British troops on Sunday, January 30, 1972, in Londonderry, Northern Ireland.

LONDONDERRY, Northern Ireland -- Hundreds of former British soldiers required as witnesses in the Bloody Sunday inquiry have won the first round of a legal battle to avoid giving their evidence in person.

Thirteen Catholics were shot dead by British troops on Sunday, January 30, 1972, in Londonderry, Northern Ireland.

The inquiry is being held in Londonderry and despite the passage of time ex-soldiers say they fear reprisals by dissident Irish republicans.

On Friday, two High Court judges in London overturned a decision by the inquiry tribunal, headed by Lord Saville of Newdigate, that the witnesses must attend in person at Londonderry's Guildhall.

The judges said that instead of asking whether there was "a real possibility of risk" to the ex-soldiers, the tribunal had asked whether the soldiers' fears were reasonable -- and had wrongly concluded that they were not.

The judges said the issue should be sent back to the tribunal "for reconsideration in the light of the terms of this judgment."

But the tribunal was given leave to appeal.

Relatives of the Bloody Sunday victims said they were outraged and appalled by the decision and claimed the independence of the inquiry had been eroded.

John Kelly, whose brother 17-year-old Michael, was one of the dead, said he was deeply angered, but not surprised.

He told the Press Association: "We have maintained all along, that nobody, including soldiers, have anything to fear coming to Derry to give their evidence. This decision must be appealed to the highest court in the land."

Kelly added: "When (Prime Minister) Tony Blair announced this inquiry, he promised it would be independent, but that independence has been totally eroded -- again.

"Here we have an international panel of judges with the British judicial system interfering at all possible times."

Michael McKinney, who also lost a brother, said: "We're disgusted. The soldiers are saying their lives are at risk if they come to Derry -- that's speculative.

"It's my feeling that they'd prefer there was no inquiry at all.

The ruling came in a test case brought by 36 military witnesses who had accused the tribunal of breaching their human rights by "knowingly exposing individuals to the risk of death" despite "overriding concerns" expressed by the Ministry of Defence that they would be prime targets.

Ultimately, the number of military witnesses could run to 400.

Unless the judgment is overturned on appeal, the ex-soldiers, who have already won the right to anonymity, are likely to testify in London, with a live video link-up to Londonderry so that the public can view the proceedings.

Lord Saville had ruled out any question of moving to the UK to hear the evidence because the chances of restoring public confidence would be "very seriously diminished if not destroyed" if the proceedings were held elsewhere.

The inquiry, which began hearings in March 2000, has so far heard around 380 of the 500 potential civilian witnesses.

That phase of the inquiry is expected to be completed by Christmas and will be followed by evidence from political figures and officials.

Up to 400 military witnesses are expected to testify after that and the tribunal is expected to deliver its findings late in 2003 or early in 2004.