Summary of findings - Coroner finds Soldier was not justified in shooting Thomas Mills
| Jurisdiction | Northern Ireland |
| Neutral Citation | Summary of findings - Coroner finds Soldier was not justified in shooting Thomas Mills |
| Court | Court of Judicature (NI) |
| Date | 13 May 2022 |
Judicial Communications Office
1
13 May 2022
CORONER FINDS SOLDIER WAS NOT JUSTIFIED IN
SHOOTING THOMAS MILLS
Summary of Judgment
The Coroner, Mr Joseph McCrisken, today delivered his findings into the death of Thomas Mills who
died after being shot while working as a night watchman in Finlay’s factory on the Ballygomartin
Road in West Belfast on 18 July 1972. He concluded that a soldier M4 was not justified in opening
fire and the force used was disproportionate to the threat perceived and more than was absolutely
necessary in the circumstances. The Coroner said he will send a copy of his findings to the Director
of Public Prosecutions (DPP).
The scope of the inquest was set out in para [30] of the findings. At inquest, the Coroner heard oral
evidence from some civilian and military witnesses and some statements were read under Rule 17 of
the Coroners Practice and Procedure Rules (NI) 1963. The Coroner also heard from two pathologists
and a ballistics expert. On the night Mr Mills was killed, a soldier serving with B Company 1 King’s
Regiment was killed by a sniper at Vere Foster School which was beside Finlay’s factory.
The Coroner considered accounts provided by three civilians who were working in Finlay’s factory
on the night of 18 July 1972. He was satisfied that in the period immediately before his death, Mr
Mills was performing his duties as a night watchman. At around 20:30 hours he let Mrs Rachel
Simpson and her daughter, Esther, into the factory site so they could clean some offices. Sometime
between 21:15 and 21:30, Mrs Rachel Simpson called out from one of the offices to Mr Mills to let him
know they would be leaving soon. Mr Mills began walking over to the offices across a tarmac
roadway when a shot was fired. The Coroner was satisfied that Mr Mills was not carrying a rifle or
other weapon nor anything that could be mistaken for a weapon or rifle.
Another night watchman, Mr Norman Agnew, described hearing a shot just as Mr Mills was
walking over to the offices. Mr Mills was still walking at this time. Mr Agnew then heard another
shot and saw it bounce off the ground in front of Mr Mills. At this, Mr Mills stopped and looked at
his right hand. This was also the evidence of Mrs Simpson and her daughter but they only heard
one shot. The Coroner was satisfied, on the balance of probabilities, that there was one initial shot
which struck the road surface causing the bullet to fragment and injure Mr Mills’ right hand causing
it to bleed. The Coroner was also satisfied that this shot was fired by a soldier in the 1st Ballation
King’s Regiment, referred to in court as M4, who was positioned in a sangar on the roof of Vere
Foster School. M4 had claimed he saw a gunman in and around the area of Finlay’s factory but the
Coroner did not accept this:
“I am satisfied that there was no gunman in and around the area of Finlay’s Factory –
only Mr Mills who was unarmed and posed no threat”.
After the initial shot was fired, Mr Mills was seen to drop down onto his knees and elbows and then
lay down on the ground. At inquest, it was discussed whether Mr Mills had been struck by a bullet
while he was upright, kneeling or lying on the ground. The Coroner was satisfied, on balance, that
Mr Mills was lying on the ground with his left side toward Vere Foster School when the fatal shot
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