He made the journey to Northern Ireland with Johnny Mercer, the former defence minister who quit in protest at the ongoing prosecutions into military veterans, and was greeted outside the court by supporters and another MP, Carla Lockhart. 

Relatives of Mr Cunningham also attended the hearing.

Opening the case for the prosecution, Charles McCreanor QC told the court Mr Hutchings had been on patrol near Benburb, County Tyrone, on June 15, 1974 when he came across Mr Cunningham standing near a hedge.

The 27-year-old was known to have learning difficulties and would be considered a “vulnerable adult” in modern parlance, the prosecutor said.

Shots fired

Mr Cunningham also had a “fear of army personnel and men in uniforms”, meaning he turned and ran at the sight of the soldiers. Mr Hutchings was among those who pursued him into a field.

Witnesses described hearing the defendant yelling at Mr Cunningham to stop before a series of shots were fired. Between two and three shots hit Mr Cunningham, one of which was fatal, the court was told.

Subsequent examinations of Mr Hutchings’s rifle revealed he had fired three shots, while another soldier on the patrol, who has since died, was found to have fired two.

Mr McCreanor said there was no lawful basis for the shooting, telling the court: “The prosecution case is that the defendant is guilty on the charge of attempted murder.

“There is no forensic evidence to identify which bullets struck the deceased. We rely on a circumstantial case to present to the court.

“John Patrick Cunningham was an innocent, vulnerable adult that was shot and killed by a bullet through the back from a range of 90 metres.”

Mr Hutchings also denies a count of attempted grievous bodily harm with intent.

The non-jury trial, which has been listed for six weeks, continues.