Accused: Retired general Sir Frank Kitson (above) won a CBE for his service in the Army . A retired general is being sued over a murder in Northern Ireland more than 40 years ago. Sir Frank Kitson, who is 88, is accused in the case of Patrick Eugene Heenan, a Catholic killed by loyalists in 1973. It is the first time a retired senior officer has been personally sued over the Troubles. Yesterday however, Sir Frank said he was confused as to why he was being named because he was not even serving in Northern Ireland at the time. He learned of the legal action in a letter from a Belfast law firm at the weekend. Mr Heenan, 47, was killed when paramilitaries threw a grenade at a minibus carrying him and 14 others to a Belfast building site. His widow, Mary, is suing the Ministry of Defence and the general, claiming he died because of ‘negligence and misfeasance’. But Sir Frank told the Daily Mail he had no connection to the case. ‘I wasn’t even there in 1973,’ he said. ‘I was in Ireland from September 1970 until April 1972. I know nothing about what happened to Mr Heenan. 'I wasn’t a policy maker, I was a commander of troops. I have absolutely no knowledge of Mr Heenan and I had gone from Ireland at the time of his death.’ Baffled: Sir Frank (pictured), who is now 88, said he was confused as to why he was being named because he was not even serving in Northern Ireland at the time of the murder in 1973 . Sir Frank also denied the claim that he was in charge of military operations in Northern Ireland during the early 1970s: ‘I was not. ‘I was commanding one of three brigades. Above me there was a major general and a lieutenant general. ‘We were working very closely with the police at the time, we have to make our plans together. We never instigated the use of paramilitary gangs.’ Colonel Tim Collins – formerly of the 1st Battalion Royal Irish Regiment – described the decision to pursue General Kitson as strange. He added: ‘Not only is it a strange case, it worries me that such an action is allowed by the authorities and the Government. ‘What is also of concern is that there are people out there who are set to profit by taking cases such as these.’ Kevin Winters, of law firm KRW, said: ‘This week we have issued proceedings against the MoD and Frank Kitson on behalf of our clients, the relatives of Patrick Heenan. 'These are civil proceedings for damages but their core value is to obtain truth and accountability for our clients as to the role of the British Army and Frank Kitson in the counter-insurgency operation in the north of Ireland during the early part of the conflict.’ Royal appointment: Sir Frank (far right) is pictured with the Queen, Major General Patrick Palmer (centre), and Lieutenant General Sir Edward Burgess (left) during a visit to York in May 1983 . He claimed loyalist paramilitary gangs were ‘core to the Kitson military doctrine endorsed by the British Army and the British government at the time’. Eugene Heenan, son of the murdered man, said he and his 88-year-old mother would travel to London on Thursday to generate publicity for the civil action. He added: ‘Kitson may not have been in Ireland when my father was murdered but those who did were working to a template he had developed while in various countries and it is him who has to be held accountable.’ Sir Frank has been named co-defendant in the legal action on grounds that he and others used agents when they knew, or should have known, that they would take part in criminal actions. He was awarded a CBE in February 1972 for ‘gallant and distinguished’ services in Northern Ireland from August 1971 to November 1971. He enjoyed a distinguished career, serving in Oman and Malaya and in Kenya during the Mau Mau rebellion, for which he received the Military Cross in 1955. The general rose to become commander-in-chief UK land forces from 1982 to 1985. Former soldier Albert ‘Ginger’ Baker received a life sentence for killing Mr Heenan and three others but he later claimed to have links to British intelligence. He was a member of the outlawed Ulster Defence Association and known to be a leading member of the so-called ‘Romper Room’ gang. Although no inquest was held into Mr Heenan’s death, it has been claimed he could have survived had first aid been given quickly.
Sir Frank Kitson, 88, accused in 1973 case of Patrick Eugene Heenan, 47 . First time a retired senior officer has been personally sued over Troubles . But Sir Frank claims he was not even serving in Northern Ireland at time . Mr Heenan died when paramilitaries threw grenade at bus carrying him .