The Times - UK (2020-12-02)

(Antfer) #1

26 2GM Wednesday December 2 2020 | the times


News


The daughter of a soldier killed in the IRA


bombing of Hyde Park in 1982 should be


awarded “exemplary damages” to deter


terrorists from carrying out such attacks


again, a court was told.


Sarah Jane Young, who was four when


her father, Lance Corporal Jeffrey Young,


was killed, has begun a claim for £750,000


for psychiatric damage. John Downey,


who was convicted of being an IRA


member, has been legally held responsible


for the bombing.


Ms Young’s lawyers argue that because


of the circumstances of the case, Downey


should pay “exemplary damages to reflect


IRA man sued by bomb victim’s daughter


society’s disgust... and to mark society’s
condemnation of such actions”.
Such damages are normally awarded in
relation to actions by the state.
The bombing killed Lance Corporal
Young, 19; Squadron Quartermaster Roy
Bright, 36; Lieutenant Dennis Daly, 23,
and Trooper Simon Tipper, 19. It injured 31
others. Seven horses had to be put down.
Ms Young said in a statement that was
read out to the court: “On the morning of
July 20, 1982, I was in the nursery of the
barracks. The nursery windows looked out
over the courtyard of the barracks.”
Her father left on horseback for Chang-
ing the Guard, and turned and waved at
her. “There was a huge noise and I felt the

Fariha Karim building shake. I saw soldiers returning to
the barracks covered in blood... I remem-
ber telling my mum, ‘Daddy should be
coming now.’ ”
Criminal proceedings against Downey
collapsed in 2014 after it emerged he was
an “on the run” who had received a “com-
fort letter” saying he was not at risk of
prosecution by Tony Blair’s government.
After Ms Young began a civil claim
against Downey, a High Court judge ruled
a year ago that he had been an “active
participant” in the attack. Mrs Justice Yip
found that he had been responsible for
moving the car containing the explosives
in the days before the attack and it was
likely that he had driven it to its destina-
tion in Hyde Park.
The claim for damages, which is sup-
ported by the families of the three other
victims, is the second stage of the civil
claim. Downey has not taken part in these
proceedings and has made no contact with
the court or Ms Young’s lawyers since the
judgment holding him responsible.
Anne Studd, QC, for Ms Young, told the
High Court yesterday: “This case should
be an exception where exemplary dama-
ges should be awarded because it’s the only
method this claimant has for ensuring that
John Downey pays for his illegal and
heinous action.”
The hearing continues.


Missing Briton


‘may not be


in Pyrenees’


French and Spanish police are looking at
“options beyond a mountain accident” in
the search for a British woman who went
missing when hiking in the Pyrenees last
week, her partner said yesterday.
Esther Dingley, 37, had been travelling
with Dan Colegate since 2014 and was ex-
pected to return from a solo trek on
Wednesday to their base in Spain. Ms
Dingley, from Durham, had set out from
the Port de la Glere to the Port de Ven-
asque, following the border.
After extensive searches, the authorities
believed that she was not in the moun-
tains, Mr Colegate said in a Facebook post.
He said police had told him they would
have expected to find Ms Dingley if she
had fallen from one of the paths, given how
extensive the search was and that most of
the trails were straightforward.
He added: “This means they will be
looking at other options beyond a moun-
tain accident.” Mr Colegate, also from
Durham, said: “It leaves the door open that
Esther might still come home. She was so
utterly happy when we last spoke, I’d do
anything to hold her right now.”

Arthi Nachiappan


Sarah Jane Young’s father
waved to her just before
the explosion killed him
Free download pdf