BRITAIN faces a diplomatic row over its failure to bring to justice the
American troops who “unlawfully killed” ITN journalist Terry Lloyd in the
Iraq war.
Despite the refusal of American and British officials to identify the US
marines, lawyers and investigators acting for his family have uncovered the
names.
They are to be handed to Lord Goldsmith, the attorney-general, in an attempt
to force him to bring criminal proceedings.
The move follows an inquest last October that ruled Lloyd had been unlawfully
killed in March 2003 when he was shot in the head while being evacuated near
Basra in a makeshift ambulance.
Despite a three-year campaign by ITN and Lloyd’s family, the troops did not
give evidence at the inquest and have never been named. It has also emerged
that Geoff Hoon, the former defence secretary, failed to disclose British
troops were key witnesses.
The family’s action comes amid claims the government has effectively colluded
with Washington in failing to reveal the full facts of “friendly fire”
incidents.
It was claimed last week the Ministry of Defence had conspired with American
forces to conceal the truth over the death of Lance Corporal of Horse Matty
Hull after leaked footage from a cockpit video revealed a catalogue of
blunders.
Sources close to Lloyd’s family confirmed this weekend that the dozen soldiers
in the US unit involved — Red Platoon, which is part of Delta Company, 1st
Tank Battalion, 1st Marine Division — have all been identified.
Delta was headed during the invasion by Captain Greg Poland. He is not
believed to have witnessed the incident, but has said his men thought they
were possibly under attack from suicide bombers.
Hussein Osman, Lloyd’s Lebanese interpreter, was also killed, while Frederic
Nerac, a French cameraman, is also presumed dead, although his remains have
never been found.
This weekend, David Mannion, the editor-in-chief of ITV News, said: “At least
one member of that platoon fired into the back of a makeshift ambulance in
which Terry was lying badly injured, but alive.
“This van was moving away from the battle space and was clearly of no threat.
The bullet that killed him was an American bullet fired by a member of Red
Platoon. The coroner regarded that as unlawful killing.
“The Lloyd family are not seeking vengeance, they are simply seeking to find
out what happened, and if there is case for someone to be brought before the
justice system, then that should happen.”
It is understood that Louis Charalambous, the lawyer acting for Lloyd’s widow
Lynn, is to pass the names of those involved to the British authorities.
On the morning of March 22 2003, a few days after the American invasion of
Iraq had begun, Lloyd set off towards Basra with Osman and his two
cameramen, Nerac and Daniel Demoustier. Riding in two Mitsubishi Pajero SUVs
with “TV” written on the hood and door in black tape, the ITN crew was
hoping for an exclusive on the Iraqi army surrendering at Basra.
As the vehicles approached the city, Lloyd realised some Iraqi forces had not
yet given up. Soldiers were posted on a bridge and others were in pickups.
Lloyd’s vehicle made a U-turn, but was caught between a line of American M1
Abrams tanks and the Iraqi forces. There was little chance of escape as both
sides opened fire. Lloyd was hit by Iraqi gunfire.
Demoustier, now based in Belgium, said last week: “We heard firing and my
front windshield was shattered. I ducked down beneath my steering wheel and
when I looked up a few seconds later I saw the whole dashboard torn up and
bullets flying through the car.
“Terry was already out of the car. My whole roof was on fire because the
petrol I kept on the roof was burning. I ended up in the desert between the
tanks and the Iraqi vehicle that was now burning.
“I could hear the tanks and lots of noise from the other side where there were
wounded crying and shouting. That is where Terry probably lay, wounded. A
Red Cross ambulance arrived and took away wounded. But every time I tried to
move, the tanks fired again at me. It went on for more than half an hour.”
ITN executives did not dispute the Americans were within their rights to open
fire in the initial exchanges. There was, however, fury that they then fired
on the “ambulance” carrying Lloyd.
It is now known four British special services soldiers witnessed what
happened. Their existence was initially kept quiet by the MoD.
Stewart Purvis, former chief executive of ITN, said that he wrote to Hoon
asking for any relevant information. Hoon wrote back, but never told him
about the British soldiers.
When the MoD was asked if any of its soldiers were in the area, it said it had
provided all available information. “They never mentioned the British
military presence,” said Purvis.
As ministers faced questions in parliament about the attack, the MoD agreed to
ask the military police to conduct an inquiry.
It was the military investigators who established a key witness was a member
of the British special forces, who later gave evidence at Lloyd’s inquest.
After Andrew Walker, the Oxfordshire assistant deputy coroner, ruled that
Lloyd had been unlawfully killed, his widow said those responsible should be
brought to justice. “This was not a friendly fire incident . . . it was a
despicable, deliberate, vengeful act,” she said.
Walker has written to Goldsmith and Sir Ken Macdonald, the director of public
prosecutions, recommending a criminal inquiry. He described US military
statements on the killings as “self serving” and “unsatisfactory”.
Johan Van der Vyver, professor of international law at Emory University,
Atlanta, said America was not a signatory to the International Criminal
Court so it would not be possible for the UK to pursue a case under the
Geneva conventions or humanitarian law. He said the British could
investigate the possibility of extradition proceedings but the most likely
prospect would be to urge the Americans to reopen their own investigation.
The Crown Prosecution Service is studying the case files. Goldsmith will make
a final decision on any legal action. A Pentagon spokesman said an
investigation into the incident was completed in May 2003 and concluded that
US forces followed “applicable rules of engagement”.
101st death
A 21-year-old described as the joker of his company with a zest for life was
last night named as the 101st member of the British forces to be killed in
action in Iraq.
Private Luke Simpson of 1st Battalion, the Yorkshire Regiment, was killed when
a roadside bomb exploded close to the armoured personnel carrier he was
driving just outside Basra on Friday.
Colleagues said he was a Star Wars fanatic who loved rock music and TV
comedies. They paid tribute to his dedication, humour and enthusiasm.
Lieutenant-Colonel Andrew Jackson, his commanding officer, said Simpson, from
Howden, East Yorkshire, had been a soldier with the “highest personal and
professional credentials”. He added: “His passion and zest for life touched
everyone who knew him.”
Simpson, nicknamed Boob, followed his father into the battalion after joining
the army at 16. He was unmarried.
Private Stuart Brown, a colleague, said: “You would see a group of giggling
troops and guarantee Boob would be in the middle.”
Sanctions call
An American general who signed off the inquiry into the death of Lance
Corporal of Horse Matty Hull recommended disciplinary proceedings against
those involved, it emerged this weekend, writes Michael Smith.
General John Abizaid, formerly US commander in the Middle East, said it was
“difficult” to conclude that no procedures had been violated. He said
officials should consider “administrative or disciplinary action”, but his
conclusion was never disclosed.
Despite the recommendation, no action was taken against the two pilots
involved. It emerged last week that one of the pilots, Gus Kohntopp, from
Boise, Idaho, has been promoted to the rank of colonel in the Air National
Guard.
Hull, 25, from Berkshire, died in an attack by two A-10 planes in Iraq in
March 2003. A cockpit videotape released last week revealed the pilots saw
the distinctive orange panels of coalition forces, but convinced themselves
they were rockets.
