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Murdered teenager's family settles alleged collusion case

Other A black and white picture of a young Henry Cunningham. He is wearing a white shirt and black jacket. You can tell he has blond hair and his ears stick out.Other
Henry Cunningham was travelling home from labouring work in Belfast when the van was attacked

The family of a teenager murdered by loyalist paramilitaries more than 50 years ago is to receive undisclosed damages in a settlement reached over alleged security force collusion with the killers.

Henry Cunningham, 16, from Carndonagh, County Donegal, was killed on 9 August 1973 when Ulster Volunteer Force (UVF) gunmen ambushed the van he was in.

His brothers, Robert and Herbert, who were also in the vehicle, sued the Ministry of Defence (MoD) after it emerged that a weapon used in the killing had been stolen from an Army barracks the previous year.

At the High Court in Belfast on Monday it was announced the action had been settled on confidential terms.

Pacemaker Three people stand behind two different microphones. The man on the right is grey-haired with blue glasses. The man wears a grey suit, white shirt and Brown striped tie. To his right is a grey haired man in black glasses, wearing a blue jacket and a blue and white striped shirt. To the men's right is a man in a navy suit and white shirt, has short brown hair and glasses. TPacemaker
Solicitor Kevin Winters (right) speaking outside Belfast High Court with Robbie Cunningham

Speaking outside court, Robert Cunningham said the family's case had never been about money.

"This was never about the money, it was about achieving closure. I started this so long ago, but I can sit back now that I have finally seen it through," he said.

The resolution includes an agreement to pay an undisclosed sum in damages without any admission of liability, the family's solicitor said.

Henry had been travelling home from labouring work in Belfast when UVF gunmen opened fire on the van from a motorway bridge, near Randalstown, County Antrim.

His older brother Herbert, who was driving, was injured, while brother Robert, was unhurt.

No-one has ever been prosecuted for his murder.

In 2008, an Historical Enquiries Team (HET) report said one of the guns used was stolen from a Ulster Defence Regiment (UDR) base.

'Long overdue closure'

Herbert, who died last year, and Robert Cunningham sued the MoD for alleged misfeasance in public office and negligence, both as survivors of the attack and on behalf of his estate.

They claimed military chiefs were aware that guns under their control were being lost or stolen but failed to take any action.

Papers lodged in the case further allege the MoD knew or suspected UDR personnel were involved in taking the weapons which could be used by loyalist terror groups.

Mr Justice McLaughlin, who previously represented the MoD before his judicial appointment, told the family he was pleased that they had been able to achieve a resolution.

Robert Cunningham's solicitor Kevin Winters said it was "disappointing" the MoD had not apologised for the killing.

"I am immensely pleased for him that he's got some long overdue closure now," he added.