The killing of the “friendly-fire” victim Matty Hull by two American pilots in
Iraq four years ago was a “criminal, unlawful act” tantamount to
manslaughter, a coroner ruled yesterday.
Lance Corporal of Horse Matty Hull, 25, of The Blues and Royals, died on March
28, 2003, as one of the A10 tank-busting bombers strafed the British
armoured convoy with cannon fire after the pilot became convinced he was
aiming at Iraqi troops, although there had been no confirmation from his air
controllers.
The decision by Andrew Walker, Oxfordshire deputy assistant coroner, to give a
verdict of unlawful killing may now become a matter for Lord Goldsmith, the
Attorney-General. The Department of Constitutional Affairs said that the
coroner had the right to request that he consider prosecution. Lord
Goldsmith is already studying a request from Mr Walker to look into the
death of Terry Lloyd, the ITN journalist who was also “unlawfully killed” in
Iraq after coming under fire on the road to Basra, reportedly by an American
unit.
Mr Walker’s verdict and critical remarks yesterday dramatically raised the
stakes in a case that has strained relations with the Pentagon. The US
Defence Department persistently refused to let the A10 pilots give evidence
at the inquest and denied Mr Walker the right to see key documents to
explain why the pilots felt justified in shooting at the convoy.
Mr Walker said yesterday: “The pilot who opened fire did so with disregard for
the rules of engagement and acting outside the protection of the law of
armed conflict.”
He concluded: “I’m satisfied, having given careful consideration to all the
evidence that I have heard in this inquest, that this is a case where I can
properly consider whether an unlawful action and manslaughter applies here.”
Mr Walker went on: “I find there was no lawful authority to fire on the
convoy. The attack on the convoy therefore amounted to an assault. It was
unlawful because there was no lawful reason for it and in that respect it
was criminal.”
As the verdict was delivered, Lance Corporal Hull’s widow, Susan, 30, broke
down in tears. “I think all of our family feel it was the right verdict,
it’s what we waited four years to hear. There’s a great sense of relief it’s
over. [But] what it means for us is that Matty’s death was entirely
avoidable,” she said.
Giving his reasons for the verdict, Mr Walker said: “I don’t think this was a
case of honest mistake. There is no evidence that the pilots were operating
in self-defence. The pilot chose to interpret the orange panels [placed on
top of the vehicles to distinguish them as friendly] as [Iraqi] rockets
without taking steps to identify the vehicles as friendly.”
The Pentagon rejected the coroner’s conclusion that the A10 pilot had acted
unlawfully and without regard to rules of engagement. It said in a
statement: “The [US] investigation determined that the incident took place
in a complex combat environment. The pilots followed applicable procedures
and processes for engaging targets, believing they were engaging enemy
targets. This was a tragic accident.” The Pentagon denied there had been a
cover-up and extended its sympathies to the Hull family.
However, Mr Walker said the Pentagon’s lack of cooperation throughout the
inquest had caused the family “pain and suffering”. The family, “despite
request after request, have been, as this court has been, denied access to
evidence that would provide the fullest explanation of the sequence of
events that led to and caused the tragic loss of Lance Corporal Hull’s
life”, Mr Walker said. “I believe that the full facts have not yet come to
light.”
On Thursday Mrs Hull appealed to President Bush to release a section of a
document that had been blanked out, which the family is convinced would make
clear the pilot’s rules of engagement.
Mrs Hull, an assistant head-teacher, said of the pilots: “I’m sure they are
full of remorse for what they did. I hope so anyway,” She added: “Perhaps it
sends a message to other pilots about how they need to be trained and the
enormity of what they’re doing because it can have grave consequences.”
She paid tribute to her husband, whom she met at school and married in 2000.
“I could go on for ever about his personal strengths. I would like to think
he was proud of us. I would like to think that he feels we were dignified,”
she said.
Tragedy viewed from the cockpit
— On March 28, 2003, Lance-Corporal of Horse Matty Hull, right, was in a
convoy of Scimitar and Spartan armoured reconnaissance vehicles about 25
miles north of Basra, moving northwards towards enemy positions
— The war in Iraq had been under way for nine days, and the patrol was driving
up the west side of Route Spear, which ran along the Shatt al-Arab waterway,
an area American pilots had been ordered not to attack
— The pilots of the A10 Thunderbolt ground attack aircraft, armed with an
armour-piercing cannon, were nearing the end of a two-hour mission hunting
artillery of Iraq’s 6th Armoured Division
— The lead pilot used the callsign “Popov 36”. His wingman was “Popov 35”.
From the recording of their conversation, it is clear that they believed
that they had found an Iraqi convoy and went in for the kill
— One of the pilots is heard to say that he thinks that the orange panels on
the vehicles are rocket launchers
Popov 36 said: “I think killing these damn rocket launchers, it would
be great”
Popov 36: “We got visual. OK. I want to get the first one before he
gets into town”
Popov 35: “Get him, get him” The lead A10 aircraft, Popov 36, opens
fire
Popov 35: “Good hits”
Popov 36: “Gotcha.” A forward air controller on the ground, codenamed
Lightning 34, gave a warning: “Popov, be advised that in [grid reference]
3122 and 3222 group box you have friendly armour in the area”
Popov 35: “Ah shit”
Popov 36: “Goddamit”
Popov 35: “Gotta go home, dude”
Popov 36: “Yeah, I know, we’re f*****”
Popov 35: “We’re in jail, dude”
I also served in the falklands conflict and the friendly fire for which you are talking was a total different cause although still tragic
so Lawrence are you really an ex Marinr or an American Pilot ?
CPL David Rees, Catrick,
Unlawful and criminal! And the US don't accept the verdict.
So is this further incidence of US arrogance to go unchallenged? Will our government allow the matter to fade into obscurity?
What a shaming indictment of the governments of both nations.
The least that should be done is that the British government takes an action that demonstrates the British peoples' disgust with the US attepts to impede the inquiry and its rejection of the coroner's court verdict.
I suggest that it would be appropriate for Britain to withdraw its Miliatary Attache from Washington for at least 1 month, and at the same time declare the US Miliatary Attache in London 'persona non grata' for the same period.
This would be a high profile expression of our contempt for our so-called allies.
Jerry Latham, Uttoxeter, England
I am saddened by the ridiculous verdict regarding the American pilots involved in the 2003 friendly fire incident.
Armchair military theorists who have no experience of war or weapons should understand that tragedies happen in every conflict as a consequence of our infallibility. Yes, even the British have forces have made mistakes. Trust me on that one. I served in the Royal Marines during the Falklands war and it happened then.
In wars on crime and terror, where weapons are involved, innocent people will inevitably always be killed in friendly fire incidents. Our Police Force have been doing it for years.
Laurence Hewings, Taunton, UK