The Report
of the Iraq Inquiry
310.
Ms Harman
met Mr Johnson for a third time on 21
February.196
A DCA
official
recalled
Mr Walker’s requests for an unredacted copy of the US report
on the attack on
L Cpl
Hull’s convoy and for a US representative to speak to the report.
Ms Harman said:
“...
although it is difficult for the US to do what the coroner is
asking, it is worse for
the US not
to ... providing no document and no representative at the inquest
would
be
unacceptable.”
311.
Mr Johnson
advised that the US Government was still considering these
requests;
discussions
between the US and UK military would take place later that
week.
312.
Mr Bill
Jeffrey and Mr Gordon England, the US Deputy Defense
Secretary,
discussed
the issue two days later.197
Mr England
advised that, while the US aimed to be
as
co‑operative as possible:
•
They could
not provide an unredacted version of the US report to
Mr Walker,
could not
agree that he should contact the A‑10 pilots directly, and could
not
provide an
official to answer questions on the training of A‑10
pilots.
•
They could
not agree to the in principle release of classified US
information
to coroners
in future cases.
•
They could
not agree to provide “third‑party US officials” to attend
inquests.
313.
Mr Jeffrey
asked Mr England to reconsider the provision of third‑party US
officials;
Mr England
agreed that he would.
314.
On 16 March,
Mr Walker ruled that L Cpl Hull was unlawfully
killed.198
The
press
reported
that Mr Walker was critical of the failure of the US
authorities to co‑operate with
the
inquest.
315.
The
Government’s position at the beginning of Op TELIC was that legal
aid
was not
normally necessary at inquests as the inquest procedure was
designed to
be
inquisitorial and non‑adversarial.199
Legal aid
could be provided in exceptional
circumstances
by the Lord Chancellor, provided that the Legal Services
Commission
(LSC)
recommended it. Such exceptional circumstances might relate to a
wider public
interest in
the applicant being legally represented, or to a need for the
applicant to be
legally
represented to enable the coroner to carry out an effective
investigation.
196
Minute DCA
[junior official] to Tierney, 21 February 2007, ‘Note of meeting
with David Johnson
(Deputy Chief
of Mission, US Embassy)’.
197
Minute
PS/PUS [MOD] to Policy Director, 23 February 2007, ‘Coroners’
Inquests – PUS Phonecall with
Gordon
England: 23 February 2007’.
198
Daily
Telegraph, 17 March
2007, Killing of
British soldier by US pilot criminal.
199
Standard
Note, 28 January 2010, Legal aid
for representation at Inquests.
130