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High Court denies bid for new soldier inquiry

By Burton Mail  |  Posted: August 15, 2014

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AN effort to get an independent inquiry launched into the murder of six soldiers has been quashed by the High Court.

The effort to launch a new probe came about after six Red Caps were killed in the incident at Al Majar al-Kabir, near Basra, including Corporal Russell Aston, of Newhall, in 2003.

Ever since, the families of the six men have been fighting for new inquiries and inquests to be launched after new information is claimed to show that their deaths could have been prevented, and are now pushing for the 'new evidence' be heard.

The mother of Paul Long, a colleague of Cpl Aston, has now lost a High Court bid for an independent inquiry into their deaths as judges found she did not have a 'right in law' to another investigation.

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Michael Fordham QC said no answers had so far been given for how mistakes came about, and who was responsible for them, and therefore a further inquiry was needed.

They said: "We find she does not have such a right.

"We have held that the right of a soldier under Article 2 of the European Convention of Human Rights to have his life protected by law does not include a right to be safeguarded from human error."

An MoD spokesman said 'lessons had been learnt' and the circumstances of the deaths had been 'investigated extensively'.

He said: "The High Court has ruled that there is no obligation on the MoD to further investigate the incident, and we are pleased with that judgement."

The Mail understands that relatives of Cpl Aston and his colleagues are still pushing for new inquiry to be launched into the tragic incident.

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  • Aston76  |  August 15 2014, 11:55AM

    My family has never been involved in this case! Maybe a telephone call to us would have given the Burton Mail the facts so you could then print an accurate account?

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