Scott2006
I Love 'Our Scotland'
Joined: 10 Oct 2006
Posts: 308
Location: Outside Glasgow
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 Posted: Tue Mar 18, 2008 1:04 am Post subject: Des Browne acts to gag Coroner |
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http://www.theherald.co.uk/politi...ourt_to_stop_criticism_of_MoD.php
Defence Secretary Des Browne yesterday asked the High Court to outlaw the use of language strongly critical of the MoD in inquest verdicts on soldiers who have died on active service.
The application came in a test case relating to Territorial Army soldier Private Jason Smith, who died of heatstroke in Iraq.
Oxfordshire's assistant deputy coroner, Andrew Walker, recorded in a November 2006 inquest verdict that Private Smith's death was "caused by a serious failure to recognise and take appropriate steps to address the difficulty that he had in adjusting to the climate".
The 32-year-old fell ill in temperatures of 60C (140F) in August 2003 at the al Amara stadium, southern Iraq.
The coroner's narrative verdict described how he was taken to the medical centre at Abu Naji Camp, where he died. The coroner said Private Smith's difficulty in acclimatising to the heat should have been recognised.
The wording of his verdict came under attack at the High Court in London yesterday before Mr Justice Collins.
Sarah Moore, appearing for the Defence Secretary, said the coroner should not have made reference to a "serious failure" to take appropriate steps.
The use of the phrase could be seen as deciding civil liability for Private Smith's death, and that was not allowed under Rule 42 of the 1984 Coroners' Rules, she argued.
Lawyers acting for the late soldier's mother, Mrs Catherine Smith, from Roxburghshire, argue the Defence Secretary's legal challenge was "misconceived".
The judge was told the issue remained important as a new inquest was to be held into Private Smith's death because of flaws in the original hearing.
Ms Moore said "a matter of general importance" had been raised because the phrase "serious failing" was cropping up on a regular basis in inquests into Iraqi military deaths.
Private Smith's family are also making submissions to the court over the scope of the new inquest and asking the judge to order full disclosure of MoD documents, save those covered by public interest immunity.
Wiltshire Coroner David Masters, currently tasked with conducting inquests into many of the deaths of British servicemen in Iraq and Afghanistan, said: "I am unable to make any comment on this particular case.
"Having said that, I do not consider that this will deflect coroners from conducting full, frank and fearless inquiries into the deaths that they are entrusted to investigate - those of people serving their country when they are killed abroad.
"If something needs to be said, I'll say it."
Geoff Webb, coroner's officer for Andrew Walker, said Mr Walker felt it would be inappropriate for him to comment.
Last week, Mr Walker criticised the MoD as he concluded the inquest of a soldier who died in training after plummeting 2500ft at Weston-on-the-Green airfield near RAF Brize Norton on November 17, 2005.
He said SAS trainee Captain Daniel Wright would not have died if he had been equipped with a radio, which would have allowed instructors on the ground to talk him through opening his reserve chute.
Mr Walker said: "Let there be no doubt - this tragedy happened for the want of a simple, inexpensive piece of equipment."
Yesterday, responding to Mr Browne's High Court bid, Capt Wright's mother, Carol, of Newport in South Wales, said: "There is evidence that the MoD try to conceal problems where they exist. If a coroner cannot use what he thinks is appropriate language to describe events - either lack of equipment or proper treatment - then who can?
"Quite honestly, I think Andrew Walker's language is extremely temperate. If the MoD wants not to be criticised, then they should get their house in order and provide our boys and girls with what they need when they need it." She added: "This is a government of control freaks, in my opinion."
In February this year, Mr Walker, at the inquest of Captain James Philippson, accused the MoD of betraying British soldiers' trust by sending them to Afghanistan without basic equipment. Reacting to the MoD legal challenge, Capt Philippson's father, Anthony, of St Albans in Hertfordshire, said yesterday: "In the circumstances, I would have thought Mr Walker's remarks were entirely appropriate. He had just heard how two British Army patrols were totally out-gunned' by a mob of Taliban terrorists."
Capt Philippson, 29, of 7 Parachute Regiment Royal Horse Artillery, died in a fire fight with Taliban troops on June 11, 2006, in which British forces were "totally out-gunned", his inquest heard.
After being told how 7 Para soldiers had complained repeatedly about a lack of standard night-vision kits and weaponry, Mr Walker said: "They (the soldiers) were defeated not by the terrorists but by the lack of basic equipment.
"To send soldiers into a combat zone without basic equipment is unforgivable, inexcusable and a breach of trust between the soldiers and those who govern them."
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Des Browne is an odious power hungry Labour third rate politician who I wouldn't vote for if he was the only candidate for Dog Catcher.
Des Browne seems to think as part-time Secretary of State for Defence his job is to put a gloss on the news that happens to include how the soldiers and other branches of the Armed Forces are treated in life and unfortunate death.
No news is good news.
Bad news is not good news and therefore must not be allowed.
You can say what you want about the Ministry of Defence...
but only if the legal counsel for the Ministry of Defence doesn't describe it as anti-British to give any version of the truth that Labour Big Brother Double-Speak vain glorious politicians decide undermines a worthless war for valleys of sand in a country that is a tribal backwater that will never achieve democracy or hand over Bin Laden...
or perhaps a slight re-jig of a special Official Secrets type act... and hey presto... all coroner's inquests involving dead service personnel could be handled by an in-house fully approved Ministry of Defence Coroner in the pay of the MoD so no misunderstandings involving little things like accuracy and independence in thought and speech need be employed.
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Scotland deserves a First rate Parliament for a First rate People
The Scottish Parliamentarians who voted for Treaty of Union in 1706 and signed away Independence had been voted for by less than 2% of the Scottish population |
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