16.3 |
Military fatalities and the bereaved
“inadmissible”,
as he would not have the opportunity to question those who had
provided
witness
statements.
289.
Ms Harman
wrote to Mr Johnson again on 6 November, to advise him
that
difficulties
in securing US co‑operation remained.183
It appeared
that US Service
Personnel
did not regard themselves as being required to attend inquests,
despite being
requested
to do so. Mr Walker had told her that the inquest into the
death of Mr Lloyd
would have
benefited considerably from the presence of US witnesses who could
be
questioned
by him and the next of kin. Reading out the witnesses’ statements
(with the
names of
the witnesses redacted) “was no substitute”.
290.
Ms Harman
reassured Mr Johnson that an inquest was not a criminal trial,
and
there was
no reason for US Service Personnel not to attend. She suggested
that they
should meet
to discuss the issue.
291.
Ms Harman
met Mr Johnson on 20 November.184
292.
In advance of
the meeting, Ms Harman asked for advice on a number of
issues
including
how the UK would respond to a request for UK Service Personnel to
attend
a US
inquest (or equivalent).185
293.
The MOD
advised that there was:
“... no
formal process ... to facilitate such attendance. Attendance would
have to be
assessed on
a case‑by‑case basis and the MOD would have to carefully
consider
the rights
of the individual under different legal/constitutional
systems”.186
294.
At the
meeting, Mr Johnson said that the US had provided redacted
copies of US
reports
into incidents for a number of inquests; he was disappointed that
Mr Walker had
“rejected”
that material.187
Ms Harman
suggested that the key issue was the ability of
the coroner
and families to question the material. Mr Johnson asked
whether individuals
who had
been closely involved with the investigation of an incident could
attend the
inquest,
instead of individuals who had been involved in it. Ms Harman
agreed that that
option
should be explored, but said that it was for the coroner to decide
who should
give evidence.
295.
Mr Johnson
asked if UK Service Personnel were obliged to attend US or
other
inquests
and inquiries; Ms Harman said that she had discussed that
point with Mr Hoon,
183
Letter
Harman to Johnson, 6 November 2006, ‘Oxfordshire Iraq related
Inquests’.
184
Email
Tierney to English, 21 November 2006, ‘Note of Meeting between
Harriet Harman and
David Johnson’.
185
Email
Tierney to English, 14 November 2006, ‘Meeting with US Embassy
Deputy Chief of Mission’.
186
Briefing
MOD, [undated], ‘Meeting with David Johnson, Deputy Chief of
Mission US Embassy London
(16
November 2006)’.
187
Email
Tierney to English, 21 November 2006, ‘Note of Meeting between
Harriet Harman and
David Johnson’.
127