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The Ministry of Defence today pledged to provide “full support” to a new investigation into allegations that British soldiers murdered and abused Iraqi civilians.
Defence Secretary Bob Ainsworth announced that retired High Court judge Sir Thayne Forbes would chair the public inquiry into the aftermath of the “Battle of Danny Boy” in southern Iraq in 2004.
Sir Thayne has been asked to report on allegations that up to 20 Iraqis were unlawfully killed and others ill-treated at a British base in Maysan province called Camp Abu Naji.
The inquiry is to be named after 19-year-old Hamid Al Sweady, one of those who died following the firefight between UK soldiers and Iraqi insurgents at a checkpoint known as “Danny Boy” on May 14, 2004.
It was launched as a result of a High Court legal battle against the MoD by Mr Al Sweady’s uncle and five Iraqis who say they were abused by British troops after the battle.
The MoD was severely criticised by the judges in the case, who said the department’s handling of disclosure of documents had been “lamentable”.
Mr Ainsworth formally announced the Al Sweady Inquiry in a written Ministerial Statement today.
The terms of reference cover investigating and reporting on allegations against British soldiers of unlawful killing at Camp Abu Naji on May 14 and 15, 2004, and of ill-treatment of five Iraqis between May 14 and September 23, 2004.
Sir Thayne - who was the judge in the trial of serial killer Dr Harold Shipman - is asked to take account of the investigations which have already taken place and make recommendations.
The MoD vigorously denies the allegations and says the 20 who died were killed on the battlefield.
Mr Ainsworth said: “Over 120,000 British troops have served in Iraq and the conduct of the vast majority has been of the highest order.
“Although there have been instances of misconduct, only a tiny number of individuals have been shown to have fallen short of our high standards.
Allegations of abuse are however taken very seriously...
“The inquiry will, of course, have the full support of the Ministry of Defence. Arrangements are being made to ensure that personnel who will be required to assist the inquiry are provided with the necessary legal support.
“Much work is in hand to ensure that the difficulties over disclosure which arose in the judicial review proceedings are resolved and that the inquiry has all the material it needs.”
Responding to the announcement, Armed Forces Minister Bill Rammell said: “I am pleased that Sir Thayne Forbes has agreed to chair the Al Sweady Inquiry.
“The Ministry of Defence has nothing to hide and I hope that this inquiry will satisfy all concerned that we have established the truth once and for all.
“We will provide full support to the inquiry as it carries out this valuable work.”
Phil Shiner, from Public Interest Lawyers, who represented the Iraqis in the High Court, said Mr Ainsworth’s assertion that “no credible evidence” had been found to back up the allegations was “premature”.
He said: “The Secretary of State has been forced into this position because key evidence which was withheld from the court strongly supported the complaints.
“This is why the court was moved to condemn the Secretary of State and his witnesses so strongly. The Secretary of State should therefore refrain from attempting to pre-judge the inquiry’s outcome.
“My clients now hope to get what has long been denied them by the military: the truth.”
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