US rejects ruling on UK soldier

The US State Department has rejected a coroner’s conclusion that the “friendly fire” death of a British soldier in Iraq was unlawful and a criminal act.

Lance Corporal Matty Hull, 25, died near Basra in March 2003 when a US pilot fired on his convoy.

US spokesman Sean McCormack said the death was a “terrible accident”.

The coroner was critical of US failure to send witnesses to the inquest but the Pentagon said he had access to most information from its own inquiry.

Speaking at a State Department briefing in Washington, Mr McCormack said: “We would not agree with any categorisation that this was a criminal act.

“This was a terrible accident. We mourn the loss of life and our hearts go out to his family… but we have come to a different conclusion.”

Recording a narrative verdict, Oxford assistant deputy coroner Andrew Walker said L/Cpl Hull’s death was “entirely avoidable”.

“The attack on the convoy amounted to an assault,” he said.

“It was unlawful because there was no lawful reason for it and in that respect it was criminal.”

The US pilots from the Idaho Air National Guard should have flown lower to confirm identities before opening fire, he added.

“I don’t think this was a case of honest mistake.”

Speaking after the verdict, widow Susan Hull said she felt a great sense of relief that it was over and it had confirmed that her husband’s death was “entirely avoidable”.

“I think all of our family feel it was the right verdict. It was what we’d waited four years to hear.”

She said she was now prepared to “draw the line” on the event.

“It’s been a long and painful time and we need to move forward.”

But she said the lack of co-operation from the US was “very disappointing”.

The Ministry of Defence said it was “very sorry for confusion and upset” caused by the handling of the US cockpit tape.

The recording was not initially shown to the inquest, but the US authorities only agreed for it to be released after the footage was leaked to the Sun newspaper.

An MoD spokesman said a team has been set up to liaise with coroners and bereaved families and to ensure documents are made available quickly to inquests.

Lawyer Geraldine McCool said the verdict did not suggest there would be a prosecution of the US pilot and the Hull family would not be calling for one.

‘Combat environment’

The Hull family believes key information was blacked out of a US Friendly Fire Investigation Board Report given to the coroner investigating his death.

Constitutional affairs minister Harriet Harman, who met with US diplomats in London ahead of the inquest, said she shared the “frustration” at their failure to send witnesses.

“I explained that this was not a criminal court, nobody could be found guilty and sent to prison, it is simply asking questions and requiring answers,” she said.

In a statement the US Department of Defense described the incident as a “tragic accident”.

It said the US shared all the information from its inquiry with the MoD, except those parts that had to be withheld for “security, privacy or other reasons”.

“The investigation determined that the incident took place in a complex combat environment, the pilots followed applicable procedures,” it said.

L/Cpl Hull, who was from the Household Cavalry, died from multiple injuries inside his blazing Scimitar tank despite efforts by colleagues to save him.

Four other soldiers travelling in the convoy of light armoured vehicles were also injured in the incident on 28 March 2003 near Basra.
Story from BBC NEWS:
http://news.bbc.co.uk/go/pr/fr/-/1/hi/uk/6459895.stm

Published: 2007/03/16 17:29:45 GMT