Coroner criticises MoD over 'friendly fire' tape no-show
http://www.guardian.co.uk/military/story/0,,2004680,00.html
A coroner investigating the death of a British soldier
when US jets opened fire on his convoy in Iraq criticised
the Ministry of Defence again today for failing to produce
footage of the "friendly fire" incident.
"It is a matter of profound regret," Andrew Walker, the
Oxfordshire assistant deputy coroner, said after being told
that MoD officials were still trying to get US authorities to
agree to the use of the tapes.
"I, just for my part, hope that those in authority recognise that
at the heart of this inquest is a grieving family."
He was speaking after the MoD failed to meet the coroner's
deadline of 10.30am today to hand over the film to the
inquest into the death of Lance Corporal Matty Hull.
Mr Walker said yesterday he "expected and required" the
MoD to produce the cockpit recordings, taken from two US
A-10 jets during the incident in March 2003.
However, an MoD representative said the ministry had failed
to get the necessary approval from US authorities, and asked
for the hearing to be adjourned.
Mr Walker said he required written confirmation from the
MoD by February 9 that it had authorisation to show the tapes.
This will be followed by a pre-inquest hearing on February 16,
which the Hull family will attend. The inquest itself is to
resume on March 12.
Mr Walker apologised to the family of L/Cpl Hull, who died
in a burning armoured vehicle three days before his 26th
birthday after the US planes opened fire on a Household
Cavalry Regiment troop.
"I have been put in a position where I have no alternative," he
told the relatives. "It saddens me greatly that members of the
family have been put in this position."
Mr Walker had hoped to play the audio and video recordings
to the court this morning after telling the MoD to do whatever
it took to get permission.
"This is a simple matter, and I fail to understand why it is
proving so difficult to resolve," he said yesterday.
But the MoD's representative told the hearing today it was
still "not yet possible to resolve the issue regarding the
admissibility and disclosure of the US classified material".
"I am told that MoD officials are in ongoing discussions with
senior US officials in the embassy in London and in the US
itself," Leigh-Ann Mulcahy said.
In a statement released after the adjournment, the MoD said
the footage was the property of the US government, and the
ministry "does not have the right to release it without their
permission".
"The MoD respects the fact that this classified information
belongs to the US, in the same way as the US respects our
ownership of sensitive information we provide them with," the
statement said.
"None the less, we are in discussions with our allies in the US
about how we can jointly move this situation forward.
Everyone understands the concerns of L/Cpl Hull's family and
of the coroner himself in this matter."
L/Cpl Hull's widow, Susan, said previously she had been
"categorically told" that no recording existed. "It's disgusting
... we have waited four years," she said. "That this evidence
has just come to light miraculously in the previous week
means our time has been delayed again."
A source said the dialogue on the tapes was "incriminating",
including the line: "Someone's going to jail for this." It is
understood the MoD has known about the evidence for
several years.
Earlier this week, the constitutional affairs minister, Harriet
Harman, said the US authorities should give coroners all the
assistance they needed to conduct full inquests into the deaths
of British soldiers where US troops were involved.
Ms Harman has held a number of meetings with the US
embassy's deputy chief of mission, David Johnson, to explain
the inquest system. During the talks, she urged him to "give full
cooperation to the coroner and give all the evidence the
coroner has asked for".
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