MoD in court bid to silence critical coroners
Your support helps us to tell the story
From reproductive rights to climate change to Big Tech, The Independent is on the ground when the story is developing. Whether it's investigating the financials of Elon Musk's pro-Trump PAC or producing our latest documentary, 'The A Word', which shines a light on the American women fighting for reproductive rights, we know how important it is to parse out the facts from the messaging.
At such a critical moment in US history, we need reporters on the ground. Your donation allows us to keep sending journalists to speak to both sides of the story.
The Independent is trusted by Americans across the entire political spectrum. And unlike many other quality news outlets, we choose not to lock Americans out of our reporting and analysis with paywalls. We believe quality journalism should be available to everyone, paid for by those who can afford it.
Your support makes all the difference.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 Pte Jason Smith, who died of heatstroke in Iraq.
Oxfordshire's assistant deputy coroner, Andrew Walker, recorded in a November 2006 inquest verdict that Pte 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 Pte 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 today 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 Pte 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 in Scotland, 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 Pte 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.
Pte 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.
Join our commenting forum
Join thought-provoking conversations, follow other Independent readers and see their replies
Comments