Parents of soldier killed on Iraqi shooting range sue MoD for £100,000

Lance Corporal Andrew Craw, 21, died on a firing range a few hours after flying into southern Iraq in January 2004.

He and his sleep-deprived colleagues were learning to use a powerful weapon they had never seen before, and L.Cpl Craw had tried to unjam it.

His heartbroken parents believe the MoD has covered up what happened, and are determined to uncover the truth in a ground-breaking High Court battle.

Details of the action have emerged following a judicial ruling earlier this month. A senior judge declared that British troops are protected by the Human Rights Act "wherever they may be", including foreign war-zones, in some circumstances.

This means the Government cannot brush aside all legal challenges using its traditional "combat immunity" defence.

The death of L.Cpl Craw - described as an outstanding soldier - was presented to his family as a tragic accident.

However, investigations later uncovered serious failings in safety rules on the makeshift firing range, and the coroner at his inquest strongly criticised the Army's conduct.

He was part of an advance party from the Argyll and Sutherland Highlanders who arrived in southern Iraq weeks earlier than planned, equipped with new Belgian-made Minimi machine-guns.

A few hours after touching down - after two nights without proper sleep - they were driven to a desert firing range, with several soldiers falling asleep during the bus journey.

When L.Cpl Craw's weapon jammed, he apparently tried to clear it by kicking it, and a bullet passed through his hand and into his head.

It later emerged that it took his colleagues at least 90 minutes to summon medical help because they had no proper communications, and no ambulance or medical team was on stand-by.

A leaked Army inquiry highlighted serious failings in plans for the weapons training, but also placed some of the blame on L.Cpl Craw, suggesting his "bizarre and unauthorised weapons clearance drill" was due to an "unthinking moment".

But at his inquest later, coroner Andrew Walker criticised the MoD's "cavalier attitude" to safety, and did not accept his death was caused by a lapse of concentration.

His mother Ray and father James, an examiner from Tullibody near Stirling, doubt whether their son would have tried to clear a loaded weapon by kicking it.

"People are lying, but they are speaking for the MoD - while Andrew's not here to answer for himself," said Mr Craw, 44.

"This isn't about getting money, it's about twisting witnesses' arms to get the truth."

Mrs Craw, 47, added: "It's bad enough losing a son, but to have so many questions about his death makes it even worse."

The family's solicitor Jocelyn Cockburn said that while the MoD could not legally be blamed for the dangers of combat, they had a duty to protect soldiers from needless and unreasonable risk.

The case is likely to break legal ground in testing the MoD's liability under the Human Rights Act when protecting the lives of British troops in foreign war-zones.

The MoD said last night it was still considering the writ from Mr and Mrs Craw, although its lawyers have claimed L.Cpl Craw's death was not covered by the Human Rights Act.