Des Browne

Minister's bid to silence coroners

Updated 22.18 Mon Mar 17 2008
Keywords: coroners, Ministry of Defence

The Government has launched a legal battle to stop coroners blaming the Ministry of Defence for the deaths of soldiers.

Defence Secretary Des Browne asked the High Court to ban coroners using language that is strongly critical of the ministry in their verdicts.

The Defence Secretary Des Browne asked the High Court to ban coroners using strongly critical language of the ministry in their verdicts

The application came in a test case relating to Territorial Army soldier Private Jason Smith, 32, who died of heatstroke in southern Iraq.

Oxfordshire's assistant deputy coroner, Andrew Walker, recorded 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 Defence Secretary's legal team said the coroner should not have used the words "serious failure" as it could be seen as deciding civil liability for the death - a breach of the rules governing inquests.

But lawyers acting for the late soldier's mother Catherine Smith, from Roxburghshire, Scotland, said the legal challenge was "misconceived"..

Mr Walker has repeatedly accused the MoD of betraying British soldiers by letting them train and sending them to Afghanistan without basic equipment in a series of inquests.

Last week Mr Walker criticised the MoD over the death of SAS trainee Captain Daniel Wright in a training parachute jump at RAF Brize Norton in November 2005.

Mr Walker said Capt Wright was not issued with a radio that would have let instructors talk him through the procedure of opening his reserve parachute.

The coroner concluded: "Let there be no doubt - this tragedy happened for the want of a simple, inexpensive piece of equipment."

Capt Wright's mother, Carol, of Newport, South Wales, said: "If a coroner cannot use what he thinks is appropriate language to describe events - either lack of equipment or proper treatment - then who can?

"Quite honestly, I think Andrew Walker's language is extremely temperate. If the MoD wants not to be criticised, then they should get their house in order and provide our boys and girls with what they need when they need it."

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