By David Bowden, Defence Correspondent
The family of one of the six Red Caps murdered by a mob in Iraq is suing the Ministry of Defence for negligence - a claim which could cost the MoD more than £250,000.
The case, the first of its kind, is being brought by the relatives of military policeman Corporal Russell Aston.
It follows a landmark judgement by the Supreme Court last month which ruled that soldiers at war in foreign lands are covered by human rights laws and owed a duty of care.
John Miller whose son Simon was killed in the ambush The new claim alleges that commanders failed to take reasonable measures to keep Cpl Aston safe when he and five others went into a hostile town near Basra in June 2003 and were attacked by hundreds of violent locals who brutally murdered them all.
It claims military chiefs were negligent because they failed to supply sufficient ammunition to enable the Red Caps to defend themselves when they arrived at the police station in Majar al Kabir and were confronted by the mob.
It also claims commanders failed to supply roadworthy vehicles and failed to supply effective communications to the Royal Military Police.
The five men who died alongside Cpl Aston were Lance Corporal Thomas Keys, Sergeant Simon Hamilton-Jewell, Corporal Simon Miller, Lance Corporal Ben Hyde and Corporal Paul Long.
The site of the ambush at Majar al Kab near Basra An inquest into their deaths in 2006 recorded a verdict of unlawful killing and heard evidence the soldiers had too little ammunition, old radios and no satellite phone when they were ambushed.
Cpl Aston's sister Adele Aston Fessey told Sky News: "Our family has been destroyed by this. Our lives have been destroyed. I have children who will never know their uncle and they are starting to ask questions.
"I am quite angry that they [the MoD] have never ever said 'we messed up'. I truly believe his death could have been avoided.
"There is a big gap in our lives, a great big void with Russell not being here. I don't want them getting away with killing my brother and thinking that's that."
The Ministry of Defence is yet to respond to the claims John Miller, whose son Simon was killed in the attack, said he too will sue the Ministry of Defence.
"Simon's patrol should have had a satellite phone and 150 rounds of ammunition; they were denied both, they couldn't call for help, they couldn't initiate a firefight because they didn't have enough ammunition against a mob of 500 firing RPGs and AK-47s.
"Can anyone imagine that situation and be totally useless under it? All we want is an admission of guilt from the MoD. I'm so angry and very, very hurt.
"It could be classed as a blunt sword, but all I've wanted is to get these people into court and for the MoD to accept the failings that were identified by the board of enquiry.
"Nothing else would give me greater satisfaction, and I know nothing will bring my amazing son back, but if we could get that justice and admission of guilt, my wife and I could turn the chapter and pick up the threads of the life we once had."
Despite arresting eight Iraqis in connection with the killings in 2010, no one has been convicted of the murders and repeated requests for a public inquiry have been turned down.
The new claim seeks damages on behalf of Cpl Aston's family and is understood to have been lodged on Tuesday night.
He had a young daughter when he was killed.
If the claim is successful, it could pave the way for similar actions by other soldiers injured in battle or the families of those killed who feel more should have been done to keep them safe.
An MoD spokesman said: "Our thoughts remain with the families of those who lost their lives in this incident. However, it would be inappropriate to comment on any forthcoming legal proceedings."
Anda sedang membaca artikel tentang
Murdered Red Cap's Family To Sue Government
Dengan url
http://stopinarkoba.blogspot.com/2013/07/murdered-red-caps-family-to-sue.html
Anda boleh menyebar luaskannya atau mengcopy paste-nya
Murdered Red Cap's Family To Sue Government
namun jangan lupa untuk meletakkan link
Murdered Red Cap's Family To Sue Government
sebagai sumbernya
0 komentar:
Posting Komentar