THE son of an IRA volunteer shot dead by the British Army has branded the refusal of two former soldiers to give evidence of his father’s shooting as “deliberately vindictive”.

Stan Carberry, a 34-year-old father-of-six, was shot dead on the Falls Road on 13 November 1972.

At the time, soldiers claimed they returned fire after being shot at from the passenger side of a hijacked vehicle. However, eyewitnesses maintain that Mr Carberry was in-fact in the driver's seat of the car and was shot as he tried to surrender.

Mr Carberry’ son, also named Stan, has taken a civil case against the British Ministry of Defence (MoD) over the killing. 

A further hearing of the case took place on 19 January, when Mr Carberry’s legal team were informed that two soldiers would not attend the High Court voluntarily. 

Presiding judge, Mr Justice McAlinden, expressed disappointment at the development, and encouraged the Ministry of Defence to issue summons to the witnesses.

The court heard that the witnesses could apply to answer questions anonymously.

Reacting Stan Carberry said: “It seems these soldiers and the MoD have much to avoid and hide in the deliberate killing of our Daddy. All the heartache could have been avoided for our family. We can only view this as a deliberately vindictive decision to cause us further hurt. We thank all those who have supported us.”