Morning:
20°c
Johnny Depp has become, in his young middle age, like a star of the movies’ golden period
Secret deal hatched by News of the World to hush up details of phone-tapping was sealed in a tiny room at the Royal Courts of Justice
More...
Defence Secretary wants to gag coroners accusing MoD of 'serious failings' over soldiers' deaths
Last updated at 01:37am on 19.03.08
Bid: Defence Secretary Des Browne has asked the High Court to outlaw the use of language strongly critical of the MoD in inquest verdicts
The move follows outspoken verdicts on deaths in Iraq and Afghanistan from Oxfordshire assistant deputy coroner Andrew Walker.
Lawyers for the MoD yesterday asked the High Court to stop Mr Walker accusing it of "serious failures".
He has used such terms repeatedly to describe lack of equipment or fatally flawed procedures.
The MoD move brought a furious reaction from campaigners and bereaved relatives.
They accused Defence Secretary Des Browne of trying to gag coroners and "censor" their findings.
Roger Smith, director of the campaign group Justice, said: "It is the coroner's job to investigate deaths and if they find serious failings by any authority - including the MoD - it is their job to say so.
"Trying to gag them attacks the value of inquests and independent coroners. The MoD would do better to take the criticism on the chin and address the issues."
James Welch, legal director of Liberty, said: "Young soldiers are being sent into a war zone and given the toughest duties imaginable.
"Attempting to censor a coroner is hardly going to reassure worried families back home."
Mr Walker has overseen dozens of inquests for soldiers whose bodies are flown into RAF Brize Norton, which is in his area.
He has clashed repeatedly with the MoD, criticising official blunders and complaining of huge difficulties and frustrations in his efforts to uncover evidence.
He used the phrase "serious failings" in his verdict on Sergeant Stephen Roberts, the tank commander shot dead in Iraq after being ordered to give up his body armour due to shortages.
Sgt Roberts' widow Samantha said Mr Browne's action "made her blood boil".
Steven Roberts was killed in Iraq after being told to give up his body armour
She added: "Andrew Walker is a highly intelligent man and was measured in his criticism.
"He could have said far more. The truth is there have been serious failings time and time again and the MoD are trying to shoot the messenger. I'm truly shocked."
The High Court action is over Mr Walker's use of the words "serious failure" in his verdict on TA soldier Private Jason Smith, 32, who died of heatstroke in Iraq in August 2003 after falling ill in temperatures of more than 130f(54.4c) while serving with the King's Own Scottish Borderers.
The coroner blamed his death on "a serious failure to recognise and take appropriate steps to address the difficulty he had in adjusting to the climate".
Sarah Moore, appearing for the Defence Secretary, told the High Court Mr Walker had been wrong to use the words because they could be seen as implying a civil legal liability for Pte Smith's death, in breach of the laws governing inquest procedures.
Miss Moore said the matter was "of general importance" because the phrase has cropped up repeatedly in inquests into Iraqi military deaths.
Lawyers for Pte Smith's mother Catherine, of Hawick, Roxburghshire, called the challenge "misconceived".
His family is asking the High Court to order full disclosure of MoD documents when the inquest is held again due to legal flaws in the first hearing.
Mr Justice Collins reserved judgment to a later date.
Mr Walker declined to comment last night.
But his Wiltshire counterpart David Masters, who also conducts inquests into combat deaths, said: "I do not consider this will deflect coroners from conducting full, frank and fearless inquiries into the deaths 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."
Reader views (6)
Here's a sample of the latest views published.
Why does the coroner even review the case in the first place. What has it got to do with him? If the deaths were suspicious, as in illegally caused (murder etc), then it is the MoD's job to follow up on it when it happens abroad. A soldier can NEVER have enough equipment to make him completely safe - the other guys are trying their best to circumvent whatever the Brits do. They are not just cardboard cut-outs set up as a backdrop for British and allied activities abroad.
This meddling only causes problems, it doesn't fix them.
Ask parents, kids, life-long friends, spouses what they think of their loved one's death and the answers will be pretty uniformly negative. No big surprise there - in fact it would be a sorry surprise if it were otherwise. They are NOT the ones who are thinking outside of the grieving process to get things working as best is possible though so their wish list of super-equipment is hardly the most relevant opinion in the matter either.
- Rogan, DFW Texas
The true cause of death is required from a coroner. Two disasters, Des-aster Browne and Grim Bown hugely cut the percentage of funds for UK defence, using the tax money to buy themselves power and votes now paying 50% of all incomes in Scotland and parts of the north.
It is G Brown who stole funds for a flak jacket, radio, Nimrod flame dampening, and key kit at tiny cost; and without them men die. G Brown sent UK men and women into two wars; while he cut defence spending and manpower. He cut funds so much UK troops are called 'borrowers' as they beg from other allied units.
Then without flak jacket, or radio our soldiers are killed or wounded, so G Brown delays a miserly compensation making our crippled boys and girls have to beg for a small increase up to £100,000; while Brown awards £400,000 to a floating voter typist who has a sore thumb. That is standard Brown 'fairness'. Brown has reverse moral compass.
Brown sold 'our' gold at $175, and self proclaimed he was 'prudent'. With gold now over $1,000 Brown is really 'the worst ever manager of UK finance'. He sold 'our' gold, and steals £5bn every year from 'our' pensions. Then loaded 'us' with an extra million state pensions, and PFI (50 offshore). So now the UK has no reserves, no pensions and huge debts.
Des-aster tries to gag Coroners Courts. Standard labour tactics of state power against the truth. Coroners are hard to smear. Next election soon.
- Reasonable, UK
Coroners have a duty to declare perceived failures that have led to deaths and I can see no reason for gagging them in this instance except to avoid embarrassment for Ministers. That is not a valid reason; if Des Browne cannot stand being embarrassed then he should do the decent thing and get out of politics. This Government is far too fond of sheltering behind others.
- James Elliott, Eastbourne UK
How can this be right? Doesn't Browne get it: if the men have the right kit they are less likely to die and therefore no need for coroners report?
Not that hard.
- Jeremy, London
Des Browne, like his fellow ministers, is absolutely useless (3rd Grade) but in this case I agree with him.
Since We - as a Country - decided to bring back our Dead from overseas (another idea from the US?) our tinpot coroners pass their views on something they know absolutely nothing about.
We estimate that 10% of casualties are caused by their OWN side, the US estimate that it's 15%, but whatever it is, mistakes by troops under fire have always happened (WW1, WW2, Falklands, Afghanistan, Irak).
Our Coroners are used to deal with routine deaths in England (BTW when Dr Shipman murdered 300 odd Old Ladies... none of them noticed!) but they have NO experience of battlefield experience.
They make easy, cheap statements which - they know - will make the Press and the Media take notice and get their names in the Papers.
- Paul Epps, Twickenham, England
Do the job right mate, give the boys the tools they need and you will have nothing to fear. You carry the problems your leaders handed to you but you cannot stop the freedom of expression.
- Ian Makin, Twickenham, UK
