16.3 |
Military fatalities and the bereaved
163.
In early
November, Ms Lynch issued her ruling on the death of Fusilier
Gordon
Gentle.96
She
concluded that it was probable that the roadside bomb that killed
him
would not
have detonated if a disabling device had been fitted to the vehicle
in which
he was
travelling.
164.
The press
reported that Ms Lynch had described the MOD’s policies for
the
disclosure
of evidence to the inquest as “illogical and based on errors of
law”,97
and
that she
had stated that the inquest had been delayed by the MOD’s failure
to provide
documents
and their policy of redacting names from the documents that were
provided.98
165.
Sir Bill
Jeffrey advised Mr Ainsworth in February 2008, in the context
of a paper on
how to
improve the BOI system, that while the MOD continued to face
criticism over the
redaction
of BOI reports, “we have gone as far as practicable within the
law”.99
166.
An
MOD/Ministry of Justice (MOJ) information booklet for bereaved
families on the
BOI and
inquest processes, which was issued in 2008, stated that “where
names are
removed,
each will be replaced with a term like Person A, Person B to help
you follow
the
sequence of events in the report”.100
167.
A number of
the BOI reports seen by the Inquiry have followed this
practice.
168.
In early
February 2007, the MOD sought and received an adjournment to
the
inquest
into the death of Lance Corporal of Horse Matthew “Matty” Hull, who
had been
killed in a
friendly‑fire incident with US forces in 2003, to allow them more
time to secure
US
agreement to the use in court of a US cockpit recording of the
incident.101
169.
The
adjournment came as the UK was negotiating with the US Government
on
US
participation in inquests into the deaths of UK Service Personnel.
Those negotiations
are
described later in this Section.
170.
Mr Baker
wrote to MOD officials on 19 February advising that, in the light
of
the inquest
into the death of L Cpl Hull, MOD Ministers might wish to have a
“further
urgent
examination” of the BOI process, possibly including “a fundamental
review as to
whether
[BOIs] can be considered fit for purpose given the wider uses to
which they are
increasingly
put”.102
Mr Baker
asked recipients to provide “positive points ... in support
of
the BOI
system as it currently stands” and information on planned
improvements.
96
BBC
News, 7
November 2007, Army supply
‘chaos’ proved fatal.
97
BBC
News, 7
November 2007, Army supply
‘chaos’ proved fatal.
98
Daily
Telegraph, 7
November 2007, Army
failings led to death of Gordon Gentle.
99
Minute
Jeffrey to Minister(AF) [MOD], 29 February 2008, ‘Boards of Inquiry
and Inquests’.
100
Ministry of
Defence & Ministry of Justice, Boards of
Inquiry and Coroners’ Inquests: information
for bereaved
families,
2008.
101
Minute
Ferguson to APS/Min(AF) [MOD], 2 February 2007, ‘Oxfordshire
Inquests: Release of US
Classified
Information’.
102
Minute
Baker to DG Sec LF, 19 February 2007, ‘Boards of
Inquiry’.
107