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Des Browne, the Defence Secretary, is trying to prevent coroners from being highly criticical of the Ministry of Defence over the deaths of British troops killed in action.
In a highly unusual move, Mr Browne began legal moves yesterday to prevent coroners from using language prejudicial to the MoD when issuing verdicts on the deaths of troops who die on active service.
Lawyers for Mr Browne went to the High Court to challenge comments made by a coroner in Oxfordshire after an inquest of a Territorial Army soldier in Iraq. Private Jason Smith, 32, died of heatstroke in 2003.
Andrew Walker, the assistant deputy coroner of Oxfordshire, recorded at his inquest in November 2006 that Private 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”.
Sarah Moore, appearing for the Defence Secretary, argued that the coroner should not have used the phrase “serious failure”. She told the High Court that the phrase could be seen as deciding civil liability for Private Smith’s death, which was not permitted under Rule 42 of the 1984 Coroners’ Rules.
The Government’s decision to go to the High Court is an attempt to stop the MoD from being exposed to civil actions on the back of – and using as evidence – the outspoken comments of coroners.
The hearing will act as a test case for how much freedom coroners have to make wideranging criticisms of the MoD after independent investigations into the deaths of troops serving in Iraq and elsewhere.
Private Smith fell ill in temperatures of up to 60C (140F) in August 2003 at the al-Amara stadium in southern Iraq. The inquest’s narrative verdict described how he was taken to a medical centre at Abu Naji camp, where he died. The coroner said that Private Smith’s difficulty in acclimatising should have been recognised.
Ms Moore told the High Court that the case raised “a matter of general importance” because the phrase “serious failing” was regularly being used in inquests of British Service personnel in Iraq.
Mr Justice Collins, the judge hearing the appeal, also emphasised the importance of the issue at stake as a new inquest has been ordered for Private Smith, because of alleged flaws in the original hearing.
Lawyers acting for the late soldier’s mother, Catherine Smith, from Roxburghshire, Scotland, argued that the Defence Secretary’s legal challenge was misconceived.
Private Smith’s family is also making submissions to the court over the scope of the new inquest and asking the judge to order full disclosure of MoD documents, other than those covered by public interest immunity.
Mr Walker has been critical of the MoD in his findings from several inquests. Last week, at the hearing into the death of Captain Daniel Wright, who fell 2,500ft (760m) at Weston-on-the-Green airfield while on parachute training near RAF Brize Norton in 2005, he concluded that he would not have died had he been equipped with a radio, enabling instructors to tell him how to open his reserve chute.
Last month, at the inquest of Captain James Philippson, Mr Walker accused the MoD of betraying British soldiers’ trust. Captain Philippson, 29, of 7 Parachute Regiment Royal Horse Artillery, died in a gunfight with Tale-ban troops in 2006 in which British forces were “totally out-gunned”, his inquest was told.
Mr Walker said: “To send soldiers into a combat zone without basic equipment is unforgivable, inexcusable and a breach of trust between the soldiers and those who govern them.” Geoff Webb, coroner’s officer for Oxfordshire, said Mr Walker felt that it would be inappropriate for him to comment on the High Court case.
David Masters, the Wiltshire coroner, who is conducting inquests of British servicemen, said: “I am unable to make any comment on this particular case.
“Having said that, I do not consider that this will deflect coroners from conducting full, frank and fearless inquiries into the deaths that 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.”

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That sounds just about right. Shut everybody up and it didn't happen.
judy, Liverpool, England
"The truth is out there", but you will never be allowed to know it under our all powerful, unaccountable, New Labour political masters. It makes you wonder how much more is being hidden from the public (much I suspect)! Quite frightening. Time for true democracy and not the sham democracy we live under at present!
R.B., Leicester,
Browne, Brown, Darling et al. This lot are worse than the Stuarts. Oh for another Cromwell or William and Mary and independence for England
Richard, Newcastle,
Yet another blatant attempt by our totalitarian government to stifle criticism. Politicians manipulating courts of law - this is not the England that I fought for.
Sean, Coventry, UK
We need an election now to get rid of these incompetent scoundrels who stoop to new depths on a daily basis.
John, Manchester, UK
Democracy gone through the window again
Geoffrey Fish, Pontefract, West Yorkshire
I think given Brown's dismal poll ratings and now this, the Labour Party needs a new leader. Cherie Blair perhaps?
Natasha King, London,
What a nasty bunch this Labour government is.
Phil, Preston,
Did he get the censorship idea from Beijing?
When will the thought Police be given extra powers?
When will this Caledonian weighted cabinet support legislation to prevent English being spoken in the Palace of Westminster?
Rule Britannia? I wish someone competent would!
Iain, Buxton, Derbyshire
To which gulag will a disobedient coroner be sent?
Tricia, Sussex, uk
Also if he gave the men and women the equipment they needed in the first place there would be less need for these coroner reviews? Doesn't he understand that?
Natasha King, London,
Free Speech RIP
Disgruntled Dorothy, Glasgow, Scotland
Well, the article says it all about our govenment's attitude to our servicemen. Nice One Des !!!
Kieran, Herts, UK
Surely a law needs to be passed to allow the detention of anyone who criticises the current regime?
Come on Gordon, give the people what they want. Call a general election, and see if you have a mandate any longer.
WS, Manchester,
Yet another example of everyone in theis pusillanimous government attempting to evade all responsibilty or accountability for what happens on their watch or under their instructions. Typical.
Pete, Oxford, UK
"If you've nothing to hide... etc.", eh Des?
Robert, Hull, East Yorkshire
1984 really has arrived, hasn't it?
A Perrott, London, UK
The Soviets would be proud of Gordon Brown and co !!!!
Ian Payne, WALSALL,
Good grief - how can it possibly be right to criticise our government ?
I'm sure that Browne thinks its a better use of his time to go to court to silence coroners rather than sort out the equipment shortages of the Armed Forces and its not for any of us to get above our station and question that.
Come on, what else did you expect from a part time Defense Secretary ?
Tony , Cardiff,
Another nail in the coffin. Free speech, openness, transparency and accountability are things of the past for our elected leaders.
Hamad Lone, London, England
As a time expired infantryman - I sometime, ponder over what has been, I am not ashamed to say with the advancing years tears form in my eyes as I think of those lads I knew who marched off into regimental history, two families grieving, mother - and regimental family. I cannot begin to imagine what Mrs Smith feels, her son went off to war like all of us apprehensive but trusting in the organisation. Trust is beyond value in the services, this has been undermined with cuts, inept management from the MoD and government. The army is losing senior NCOs, Warrant Officers and Commisioned ranks (company commander level) at alarming rates. Some might suggest that it is a result of active service, too much active service possibly, manpower is short. Performance in any military unit slumps when moral is not on line, sickness rates climb, and soldiers of all ranks see the grass growing greener elswhere. But a lawyer might suggest that none of this is a "serious failing"!
Wills, Soton, UK
What was that about Beijing silencing dissent in Tibet?
David Masu, Zürich,
It is understandable that Mr Browne might find it necessary to cover for his fellow civilians in MoD. Gagging a coroner will simply be one palliative for incompetence and non-accountability.
David, Holzhausen an der Haide, Germany
It says a lot about this vile government of ours that they would rather spend money on lawyers to stop criticism of themselves, than spend money on basic equipment to keep our troops alive.
Simon, The Hague,
Can someone explain to me why soldiers inquests are now conducted by the Wiltshire coroner? Was this a deliberate move by the MOD to avoid criticism from Mr Walker?
Is the Wiltshire coroner seen as more sympathetic to the Govt?
Is there a knighthood in the offing for the Wiltshire coroner?
I think the MOD has some explaining to do.
Allan Moyes, Andover , UK
How dare these naysayers question the Divine Right of Prime Ministers to quash heretical speech of those who hold the political patronage jobs created by Alfred the Great!
Oh, there will be some who will whinge about "censorship" of views disagreeable to the Great Pretender Gordon and Prince Desmond. But they are Scots, and the Scots have always stubbornly refused to have such an office.
Such an action will be applauded by those who stand firmly behind the Government's decision to remove teaching of the Magna Carta from the schools' curriculum. Such an ancient document would only confuse the peasantry.
People must realize that some actions are necessary to perpetuate the Thousand Year New Labour!
Robert Bruce Evans, Anaheim, California
Under Rule 32 a coroner MAY express an opinion as to how, when and where a deceased came by his/her death. Rule 42 merely prevents the coroner from "appearing to determine" criminal or civil liability.
Guy Shirra, Sai Kung, Hong Kong