Man from Co Armagh partially blinded by plastic bullet loses compensation claim
Gavin McKenna, a man from Co Armagh who was hit and partially blinded by a plastic bullet, has been unsuccessful in his claim for compensation.
The Court of Appeal has affirmed the prior ruling that the British soldier responsible for firing the round that struck Gavin McKenna acted within reasonable force.
Dismissing a negligence-based case, Lord Justice McCloskey stated that the claim lacked merit.
At the time of the incident in April 1997, Mr. McKenna, then 13 years old, was struck in the face by a plastic bullet near the staunchly republican Kilwilkie estate in Lurgan.
He filed a lawsuit against the Ministry of Defence, seeking compensation for the permanent eye injury sustained while gathering wood for a bonfire with two friends.
The MoD contended that the use of reasonable force was justified after a six-man Royal Irish Regiment foot patrol came under attack from as many as 30 youths hurling stones, bricks, and bottles.
According to the Army’s account, a single, targeted baton round was discharged at another identified target in the crowd due to the threat to the soldiers’ lives and well-being.
With the potential damages set at £225,000, the case revolved around a dispute regarding liability.
During his testimony, Mr. McKenna recalled being hit by the plastic bullet as he stood in a field beside the Antrim Road.
He maintained that he had no knowledge of any British Army presence in the area and explicitly denied involvement in any public disorder.
The former lance corporal who fired the round stated that one group of youths emerged from the Kilwilkie estate to attack his unit, followed by a second crowd emerging from a wooded area, hurling additional projectiles.
Alongside a senior-ranking colleague, they became separated from the other four members of their patrol and feared they were at risk of being entirely cut off as part of a planned ambush.
He was instructed to fire the baton gun at another youth standing 30 metres away with a Celtic scarf covering his face, who appeared to be preparing to throw a rock, as per the court’s account.
He aimed for the target’s legs but was unable to confirm whom the round ultimately struck.
Counsel for Mr. McKenna portrayed him as an innocent victim who “never had the fortune on his side” during the incident.
