US to refuse all military inquest requests
US troops in Baghdad
Wednesday, 29, Aug 2007 12:00
America will not cooperate with inquests into British military personnel killed by 'friendly fire'.
The Ministry of Defence (MoD) has written to every coroner in England and Wales warning them the US will refuse any request for witnesses to attend an inquest.
The clarification follows the deaths of three British personnel in Afghanistan last week, who were killed by a US bomber.
Privates Aaron McClure and Robert Foster, both 19, and Jon Thrumble of the First Battalion of the Royal Anglian Regiment were killed while on patrol in Helmand province after a US fighter dropped a 500lb bomb on them.
The document, obtained by the Times newspaper, reads: "The US has confirmed categorically that they will not provide witnesses to attend UK inquests.
"While coroners may continue to ask for US witnesses to attend . . . they should be aware that there will in all cases be a refusal."
The US will hand over some confidential information for use in British military boards of inquiry, but this cannot be passed on to inquests unless specifically permitted.
The MoD said the arrangements have been "mutually agreed" and do not represent a change of policy.
A spokesman said: "The MoD remains committed to supporting the work of every UK coroner. Indeed the Wiltshire coroner praised the level of support he received from us.
"Both the US and UK work together to investigate the circumstances surrounding friendly fire incidents and their findings are made available to the coroner, as national and operational security and data protection allow.
"The MoD does all that it can to assist the coroner during inquests and liaises with the US government to facilitate requests for information."
Coroners, however, are reportedly concerned they will be denied access to important material and are considering a legal challenge.
In March the coroner conducting the inquest into the death of Lance Corporal Matty Hull, who was killed by US friendly fire in Iraq, specifically criticised the US' refusal to cooperate.
After ruling that Lance Corporal Hull was unlawfully killed, the Oxford coroner Andrew Walker said he did not believe the full facts had come to light.
Then foreign secretary Margaret Beckett said she was "disappointed" that the inquest was restricted. However, Ms Beckett warned at the time US service personnel were unlikely to take part in future inquests as they fall outside of UK jurisdiction.