John Pat Cunningham's family receive damages over his killing

The family of a County Tyrone man with learning difficulties shot dead by British soldiers are to receive undisclosed damages in a High Court settlement over his killing.

John Pat Cunningham, 27, was fatally wounded as he ran from an army patrol near his home in the village of Benburb in June 1974.

Described as a vulnerable adult with a mental age of 10, Mr Cunningham was known to have a fear of men in uniform.

Military veteran Dennis Hutchings was subsequently prosecuted for his attempted murder but died during his high-profile trial in Belfast in October 2021.

Relatives of the victim sued the Ministry of Defence (MoD) for alleged conspiracy in the circumstances surrounding his death.

In court on Wednesday it was announced that the action has been settled without any admission of liability.

The family's solicitor, Kevin Winters, said later: "I can confirm that damages are being paid, but the figure cannot be disclosed."

Mr Cunningham encountered members of the Life Guards regiment as he walked home from volunteering at a local church.

On seeing the soldiers he became frightened and ran into a nearby field, but was pursued and shot in the back by a member of the patrol, according to the family.

In 2013 the UK Government issued an apology to them after an Historical Enquiries Team investigation found he had been "blameless".

A letter from the MoD accepted Mr Cunningham's death was "an absolute tragedy that should not have happened".

Hutchings, who denied firing the fatal shots, had been suffering from health problems when he died at the age of 80 after testing positive for Covid-19.

His death brought an end to a criminal prosecution criticised by unionist politicians opposed to the decision to put him on trial for attempted murder and causing grievous bodily harm.

Mr Cunningham's nephew, Charlie Agnew, insisted the outcome reached in the civil action represented a complete vindication.

"Dennis Hutchings had all the headlines, but the real victim in this was pushed aside," Agnew said.

"John Pat was wrongly accused of all sorts of stuff, but today I can stand here on the steps of the court and say he was totally innocent."

Agnew stressed his uncle had a "pathological" fear of those wearing uniforms and was only trying to get home when the shots were fired.

"All the people who said things about him in the past need to take a look at themselves." he added.

Winters described the settlement as an important step for the Cunningham family.

"While no sum of money can ever remedy the loss they have suffered, they have been vindicated by the conclusion of these proceedings," the solicitor said.

"It provides a measure of recognition and accountability which they have long sought. JP Cunningham has been completely exonerated."