The killing of John Pat Cunningham was investigated by the RUC, which questioned Hutchings and the other soldiers involved. It was originally decided not to prosecute.
So how is it that there could have been new evidence on which the Public Prosecution Service (PPS) in Northern Ireland decided to prosecute him?
The same question could be asked about the prosecution of ex-soldier David Jonathan Holden, who is accused of the manslaughter of Aidan McAnespie. Holden was charged with manslaughter in the aftermath of the 1988 killing but it was dropped on the grounds of insufficient evidence. He pleaded guilty to negligent discharge of a firearm.
If a civilian police force (even if it was the RUC!) investigated and the prosecutor decided not to take the case to court then why has it been decided to prosecute in the past few years? It's not like there is DNA evidence involved!