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Written statement made by Baroness Ashton of Upholland (Labour) on Thursday, 29 March 2007 in the House of Lords, on behalf of the Department for Constitutional Affairs.


Iraq and Afghanistan: Military Inquests

My right honourable friend the Minister of State, Department for Constitutional Affairs (Harriet Harman) has made the following Written Ministerial Statement. My right honourable friend the Secretary of State for Defence and I wish to make the following Statement to the House about the inquests of service men and women who have died overseas that fall within the jurisdiction of the Oxfordshire coroner, Nicholas Gardiner. All casualties suffered by the UK Armed Forces are a source of profound regret. UK service personnel have put their lives on the line to help to build strong, stable and democratic nations and to protect the interests of the United Kingdom, and we cannot pay high enough tribute to the job that they are doing or the sacrifice that some of them have made. We are committed to assisting the families of UK service personnel who have died on operations overseas when their loved ones are returned to the UK. We made Statements to the House on 5 June, 12 October and 18 December with information about the conduct of inquests by the Oxfordshire coroner and today we are announcing progress made since the Written Ministerial Statement in December. Background Coroners are independent judicial officers appointed and paid for by the relevant local authority. Their officers and staff are employed by the local authority and/or the police. Each death of a service man or woman killed in an operation overseas whose body is repatriated to England and Wales is subject to an inquest. The inquest—both the investigation into the death and the holding of the public hearing into the death—is conducted by the coroner with jurisdiction that derives from where the body lies. In the case of deaths of service men and women whose bodies are flown into Brize Norton military airbase, the Oxfordshire coroner has jurisdiction. In the 12 months preceding the June Written Ministerial Statement, in addition to the non-Armed Forces inquests that the coroner has in his jurisdiction, Mr Gardiner and his deputy coroners had conducted 31 inquests into the deaths of servicemen who died in Iraq. One inquest was dealt with by the Powys coroner and one by the Wiltshire and Swindon coroner. At the time of the 5 June Written Ministerial Statement, there remained 59 inquests to be concluded into the deaths of service personnel killed in Iraq and 11 inquests of civilians whose bodies were flown into Brize Norton. At the time of the 12 October Written Ministerial Statement, a further nine inquests had been held into the deaths of servicemen who have died in Iraq. When I made the Written Ministerial Statement in June, we had asked the coroner to provide details of inquests only into those deaths in his jurisdiction relating to Iraq. By the time of the October Statement, the coroner had provided us with details of outstanding inquests into six deaths from previous conflicts or other military exercises abroad and three further civilian casualties, the earliest of which occurred in 1998. The position in relation to the inquests in these additional deaths was reported to the House in the 12 October Statement. Including these deaths, there remained 59 inquests to be concluded into the deaths of service personnel and11 inquests into the deaths of civilians at the time of the October Statement. By the time of the December Written Ministerial Statement, the coroner had provided us with details of outstanding inquests into six deaths from a military exercise in the Czech Republic in 2004. Including these deaths, there remained 48 inquests to be concluded into the deaths of service personnel and nine inquests into the deaths of civilians who lost their lives in Iraq and whose bodies were repatriated to RAF Brize Norton. As of today, there remain 25 inquests to be concluded into the deaths of service personnel in military conflicts and exercises overseas whose bodies were repatriated to RAF Brize Norton and four inquests into the deaths of civilians who lost their lives in Iraq and whose bodies were repatriated to RAF Brize Norton. Further support for the coroner to conduct inquests on deceased Armed Forces personnel As we reported to the House in the earlier Statements, the Oxfordshire coroner appointed the following as additional assistant deputy coroners to assist with conducting the inquests detailed above: Sir Richard Curtis, who served as a High Court judge between 1992 and 2005, was appointed on 8 August; Ms Selena Lynch, barrister at law, former full-time coroner for inner south London and currently deputy coroner for south London, was appointed on 5 June; and Mr Andrew Walker, barrister at law, deputy coroner for both north London and east London and assistant deputy coroner for both inner London north and inner London south, was appointed on 5 June. To provide support for the coroner and his assistant deputy coroners, the following resources have been made available: Three additional coroner’s officers, Mr Geoff Webb, Mr George Gatt and Mr Derrick Bines, have been appointed by Thames Valley Police to support the existing complement of five officers and one officer’s team leader in the Oxfordshire coroner’s office. They are supporting the coroners in various ways, including by contacting witnesses, listing inquests and providing support at inquests. An additional administrative assistant, Ms Stella Hartley-Morris, has been appointed to the existing administrative assistant in the Oxfordshire coroner’s office to provide administrative support for the investigations and inquests. Recording equipment to enable two courts to operate simultaneously. Progress with the remaining inquests At the time of the December Written Ministerial Statement, all inquests of deaths had been allocated to the assistant deputy coroners. Nineteen inquests had been held (the WMS mistakenly stated 18 inquests), the inquest into the death of Sergeant Roberts was currently being held and a further 50 inquests had been listed for hearing (the WMS mistakenly reported 51 inquests). The position now is that 56 inquests have been held, 46 into the deaths of servicemen and 10 into the deaths of civilians. All the remaining 25 inquests into servicemen’s deaths have been listed for hearing and pre-inquest hearings have been set in the remaining four civilian inquests. We hope that all the inquests will have been heard by the end of June. We are very grateful for the efforts of all those involved. We shall continue to keep the House informed on a quarterly basis about progress through the remaining inquests. Below is a table that outlines the status of all cases and the date of death of each case. We have not included in this Statement inquests into a further 66 service personnel deaths in Iraq and Afghanistan which occurred after 15 May 2006 and which were repatriated into Brize Norton, as the additional support for the coroner outlined above was intended only to clear the backlog of cases that he had in June. Sixteen of these cases have been dispersed to other coroners but there remain 50 inquests where the Oxfordshire coroner has retained jurisdiction which have been opened and adjourned. Resources have now been made available to the Oxfordshire coroner to enable Andrew Walker to remain as assistant deputy coroner with Geoff Webb as coroner’s officer to complete those inquests where the Oxfordshire coroner assumed responsibility. Liaison with the next of kin It is of the greatest importance that the next of kin have full information about the progress on the inquest of their deceased next of kin. In order to further improve the service to families, I invited to meet me on 4 December 2006 the families of service personnel who died in Iraq whose inquests had been held. We are grateful to the 17 relatives of the 12 deceased service men and women who gave us the benefit of their views and experiences so as to improve the inquest system for the benefit of future families of members of the armed services who die abroad. Following that meeting, we are working on providing families with better information about the inquest system and on how we can help families to have access to all material relevant to the inquest, and we are holding inquests closer to where the relatives live.

Oxfordshire coroner: inquests of servicemen and related civilian deaths 1998 to May 2006
Date of death Name of deceased Allocated to In process of being listed for hearing Date listed Date inquest heard
06.07.98 Kevin Tucker Andrew Walker 26.02.07 Narrative verdict
11.08.98 Michael Watkins Andrew Walker 18.01.07 Narrative verdict
09.04.01 Flight Lieutenant Maguire Andrew Walker 22-26.01.07 Narrative verdicts
09.04.01 Captain Crous Andrew Walker 22-26.01.07 Narrative verdicts
21.03.03 Lance Bombardier Evans Andrew Walker 16.04.07
21.03.03 Sergeant Hehir Andrew Walker 16.04.07
21.03.03 Major Ward (Royal Marines) Andrew Walker 16.04.07
21.03.03 Captain Guy (Royal Marines) Andrew Walker 16.04.07
21.03.03 Warrant Officer 2 Stratford (Royal Marines) Andrew Walker 16.04.07
21.03.03 Colour Sergeant Cecil (Royal Marines) Andrew Walker 16.04.07
21.03.03 Marine Hedenskog Andrew Walker 16.04.07
21.03.03 Operator Maintainer (Communications) 1 Seymour (Royal Navy) Andrew Walker 16.04.07
22.03.03 Lieutenant Wilson Sir Richard Curtis 03-08.1.07 Accidental death verdicts
22.03.03 Lieutenant West Sir Richard Curtis 03-08.1.07 Accidental death verdicts
22.03.03 Lieutenant Green Sir Richard Curtis 03-08.1.07 Accidental death verdicts
22.03.03 Lieutenant Williams Sir Richard Curtis 03-08.1.07 Accidental death verdicts
22.03.03 Lieutenant King Sir Richard Curtis 03-08.1.07 Accidental death verdicts
22.03.03 Lieutenant Lawrence Sir Richard Curtis 03-08.1.07 Accidental death verdicts
22.03.03 Flight Lieutenant Main Andrew Walker 30-31.10.06 Narrative verdicts
22.03.03 Flight Lieutenant Williams Andrew Walker 30-31.10.06 Narrative verdicts
22.03.03 Sapper Allsopp Andrew Walker 29.09.06 Unlawful killing
22.03.03 Staff Sergeant Cullingworth Andrew Walker 29.09.06 Unlawful killing
22.03.03 Terry Lloyd Andrew Walker 03-13.10.06 Unlawful killing
24.03.03 Sergeant Roberts Andrew Walker 11-15.12.06 Narrative verdict
25.03.03 Corporal Allbutt Andrew Walker 16.4.07 (provisional) PIH in w/c 16.4.07
28.03.03 Lance Corporal of Horse Hull Andrew Walker 29.1-02.02.07 and 12-13.03.07 Unlawful killing
30.03.03 Lance Corporal Brierley Nicholas Gardiner 21.06.06 Accidental death
30.03.03 Marine Maddison Andrew Walker 20.11.06 Narrative verdict
30.03.03 Major Ballard Andrew Walker 27-30.11.06 Narrative verdict
01.04.03 Lance Corporal Shearer Selena Lynch 24-26.01.07 Accidental death
06.04.03 Fusilier Turrington Andrew Walker 28.09.06 Narrative verdict
06.04.03 Private Muzvuru Selena Lynch 17.11.06 Killed in action
06.04.03 Lance Corporal Malone Selena Lynch 17.11.06 Killed in action
13.08.03 Private Smith Andrew Walker 06-10.11.06 Narrative verdict
23.09.03 Sergeant Nightingale Andrew Walker 27.09.06 Narrative verdict
01.01.04 Sergeant Patterson Selena Lynch 17.11.06
01.01.04 Major Stenner Accidental death
02.01.04 Lance Corporal Craw Andrew Walker 08.01.07 Narrative verdict
24.05.04 Robert Morgan Nicholas Gardiner 05.07.06 Unlawful killing
24.05.04 Mark Carman Nicholas Gardiner 05.07.06 Unlawful killing
22.06.06 Antonio Jose Monteiro-Abelha Andrew Walker PIH in w/c 16.4.07
28.06.04 Fusilier Gentle Selena Lynch 02-04.05.07
19.07.04 Flight Lieutenant Gover Andrew Walker 04.06.07
09.08.04 Private O’Callaghan Nicholas Gardiner 21.06.06 Unlawful killing
09.09.04 Captain Loose Andrew Walker 23.04.07
09.09.04 Sergeant Kemp Andrew Walker 23.04.07
09.09.04 Gunner Kelly Andrew Walker 23.04.07
09.09.04 Gunner Crain Andrew Walker 23.04.07
09.09.04 Gunner Gomersall Andrew Walker 23.04.07
09.09.04 Gunner Dimmock Andrew Walker 23.04.07
11.10.04 P Chadwick Selena Lynch 19-21.02.07 Accident
31.10.04 Staff Sergeant Rose Selena Lynch 13-15.11.06 She killed herself
07.11.04 Shaun Paul Husband Andrew Walker PIH in w/c 16.04.07
07.11.04 Joseph Terry Andrew Walker PIH in w/c 16.04.07
08.11.04 Private Tukutukuwaqa Nicholas Gardiner 05.07.06 Unlawful killing
09.12.04 Raj Gurung Andrew Walker PIH in w/c 16.04.07
01.01.05 John Dolman Selena Lynch 26.02.07 Unlawful killing verdicts
01.01.05 Nicholas Pears Selena Lynch 26.02.07 Unlawful killing verdicts
01.01.05 John Eardley Selena Lynch 26.02.07 Unlawful killing verdicts
01.01.05 Tracy Hushin Selena Lynch 26.02.07 Unlawful killing verdicts
01.05.05 Guardsman Wakefield Selena Lynch 11.12.06 Unlawful killing
25.05.05 Lance Corporal Brackenbury Andrew Walker 14.05.07
29.06.05 Signaller Didsbury Andrew Walker 15.01.07 Narrative verdict
15.07.05 Private Spicer Selena Lynch 29.01.07 Unlawful killing
15.07.05 Private Hewett Selena Lynch 29.01.07 Unlawful killing
15.07.05 2nd Lieutenant Shearer Selena Lynch 29.01.07 Unlawful killing
30.07.05 Kenneth Hull Selena Lynch 13.12.06 Unlawful killing
30.07.05 Andrew Holloway Selena Lynch 13.12.06 Unlawful killing
05.09.05 Fusilier Manning Selena Lynch 15.11.06 Unlawful killing
05.09.05 Fusilier Meade Selena Lynch 15.11.06 Unlawful killing
30.01.06 Lance Corporal Douglas Selena Lynch 17.11.06 Unlawful killing
31.01.06 Corporal Pritchard Andrew Walker 21.05.07
02.02.06 Trooper Smith Selena Lynch 23.02.07 Accident on active service
28.02.06 Private Ellis Selena Lynch 27.11.06 Unlawful killing
28.02.06 Captain Holmes Selena Lynch 27.11.06 Unlawful killing
28.02.06 Lieutenant Palmer Andrew Walker 21.05.07
22.03.06 Corporal Cridge Selena Lynch 22.02.07 Suicide
27.03.06 Lance Corporal Craddock Selena Lynch 22.02.07 Accident
07.05.06 Wing Commander John Coxen Andrew Walker 21.05.07
07.05.06 Lieutenant Commander Darren Chapman Andrew Walker 21.05.07
07.05.06 Captain David Dobson Andrew Walker 21.05.07
07.05.06 Flight Lieutenant Sarah-Jayne Mulvihill Andrew Walker 21.05.07
07.05.06 Marine Paul Collins
15.05.06 Private Morris Selena Lynch 14.03.07 Both unlawfully killed while on active service
15.05.06 Private Lewaicei Selena Lynch
Italics denotes non-Iraq-related military death.
Underlined denotes civilian-Iraq-related death.

Secondary information

Type
Written statement
Reference
690 c180-90WS 
Session
2006-07
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Subjects
Armed forces Armed conflict Casualties Civilians Coroners Families Iraq Peacekeeping operations Staff Afghanistan Oxfordshire Military exercises
Contains statistics
Yes
Link
View this Written statement on www.publications.parliament.uk