LAWYERS claimed a “momentous” day of victory yesterday for families seeking an independent inquiry into allegations that Iraqi civilians were tortured and killed by British troops.
The claim followed a concession by Defence Secretary Bob Ainsworth, at the High Court, in London, that a fresh investigation was now necessary into the deaths in southern Iraq in 2004.
It is alleged that Iraqi civilians were murdered and mutilated at Camp Abu Naji, a British base, following “the battle of Danny Boy” – a fire fight between British soldiers and Iraqi insurgents near the town of Majar-al-Kabir, in Maysan Province, on May 14, 2004.
Three judges were told yesterday the Defence Secretary had conceded a new investigation was necessary because there had been serious delays in documents being disclosed to the lawyers representing the Iraqis.
Fresh evidence had come to light only last week.
Six Iraqis had applied to the High Court for a judicial review over accusations that British soldiers may have killed up to 20 captives.
The Ministry of Defence emphatically denies there was any wrongdoing committed by soldiers.
The MoD says the 20 who died were killed on the battlefield and there was no murder or torture.
MoD lawyers argued there was no need for the full public inquiry demanded by the Iraqi families because an independent and effective investigation had already been held by the Royal Military Police.
Yesterday, the case returned to court before Lord Justice Scott Baker, Mr Justice Silber and Mr Justice Sweeney.
Rabinder Singh, QC, appearing for the Iraqis, said documents disclosed only last week demonstrated that nine detainees complained to the Red Cross almost immediately about being ill-treated after arrest.
Yet it had been maintained that they did not make such complaints, and therefore there was no need for an investigation.
Clive Lewis, QC, appearing for the MoD, expressed the minister’s “profound regret” that the information had not come to light earlier because of “failures during the disclosure process”.
