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Families appeal over Iraq inquiry | Families appeal over Iraq inquiry |
(about 10 hours later) | |
Two mothers of British troops killed in Iraq are in court to challenge the government's refusal to hold an independent inquiry into the conflict. | |
Appeal judges have already told them they face "formidable hurdles" in establishing their case. | |
A QC for Rose Gentle and Beverley Clarke told the Court of Appeal they were proud of their sons but questioned the legality of the invasion. | |
Earlier the Prime Minister said he had not ruled out a retrospective inquiry. | |
Fusilier Gordon Gentle, from Glasgow, and Trooper David Clarke, of Staffordshire, were 19 when they were killed. | |
Human Rights breach | |
Ranbinder Singh QC said their deaths had left "grieving parents in whose minds there are real questions about the legality of the invasion of Iraq in March 2003". | |
He said the questions included the process which led to the invasion. | |
The families want the government to explain how 13 pages of advice from the attorney general on 7 March 2003 about the legality of the war was changed to one page by 17 March saying an invasion would be legal. | |
Mr Singh said: "We submit that it was at least reasonably arguable that there is a causal link between the assurance given by the attorney general and the deaths in question." | |
Mr Singh also argued that the families were entitled to an independent inquiry under the principles of Article 2 of the European Convention on Human Rights, which protects the "right to life". | |
We really need to know that the mistakes.. will never happen again in the future Rose Gentle | |
Last December, a High Court judge ruled they did not have a case to go to a full judicial review hearing. | Last December, a High Court judge ruled they did not have a case to go to a full judicial review hearing. |
But appeal judges have allowed their case to go forward. | But appeal judges have allowed their case to go forward. |
Rose Gentle, whose son Gordon was killed by a roadside bomb in Basra two years ago, said it was important for the families to have a chance to put their views across. | |
"There are quite a few families that have contacted the military families and saying I hope you get it because we really need to know that the mistakes.. will never happen again in the future," she said. | |
'Public desire' | 'Public desire' |
The action is also being brought by two other parents - Peter Brierley, father of Lance Corporal Shaun Brierley, from West Yorkshire, and Susan Smith, mother of Private Phillip Hewett, of Tamworth in Staffordshire. | |
Mr Brierley said there was "an overwhelming public desire for an inquiry into the war". | Mr Brierley said there was "an overwhelming public desire for an inquiry into the war". |
"After the failure of parliament to consider even a limited investigation we hope that the legal system will address this legitimate public interest." | "After the failure of parliament to consider even a limited investigation we hope that the legal system will address this legitimate public interest." |
This latest challenge comes just days after an attempt to force the government to hold an inquiry into the Iraq war failed in the Commons. | |
A motion for an immediate probe was opposed by a majority of 25 despite support from 12 rebel Labour MPs. |