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Mothers lose Iraq inquiry battle Mothers lose Iraq inquiry battle
(10 minutes later)
Two mothers have lost their appeal to force an independent inquiry into the UK's involvement in Iraq.Two mothers have lost their appeal to force an independent inquiry into the UK's involvement in Iraq.
The mothers of two servicemen who died in Iraq brought the case under the European Convention on Human Rights.The mothers of two servicemen who died in Iraq brought the case under the European Convention on Human Rights.
The women, from Staffordshire and Glasgow, argued there was debate about whether the invasion was legal because of equivocal advice given by advisers.The women, from Staffordshire and Glasgow, argued there was debate about whether the invasion was legal because of equivocal advice given by advisers.
But Court of Appeal judges have ruled in favour of the government stance not to hold an inquiry.But Court of Appeal judges have ruled in favour of the government stance not to hold an inquiry.
Attorney General Lord Goldsmith had earlier said it was "entirely reasonable" not to hold a further inquiry as four had already been held. The only question which will not be investigated is the invasion question Judges' ruling
'Constitutional shift'
Fusilier Gordon Gentle, from Glasgow, and Trooper David Clarke, of Littleworth, Staffordshire, were 19 when they were killed.Fusilier Gordon Gentle, from Glasgow, and Trooper David Clarke, of Littleworth, Staffordshire, were 19 when they were killed.
Their mothers, Rose Gentle and Beverley Clarke, 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. Their mothers, Rose Gentle and Beverley Clarke, wanted 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.
But QCs appearing for the prime minister, the defence secretary and the attorney general, said at the earlier hearing at the Court of Appeal if that argument was accepted it would mark "a significant, constitutional shift". But three appeal judges, in a combined judgment, said on Tuesday: "We have every sympathy for the applicants. The deaths of their sons must be unbearable. However, the deaths will be investigated in detail.
The case was heard by Master of the Rolls Sir Anthony Clarke, President of the High Court Queen's Bench Division Sir Igor Judge, and Lord Justice Dyson. "The only question which will not be investigated is the invasion question, namely whether the government took reasonable steps to be satisfied that the invasion of Iraq was lawful under the principles of international law."
Rose Gentle was said to be "distraught" after the ruling
The two mothers are now likely to petition the Law Lords for permission to appeal to the House of Lords.
Chris Nineham, a spokesman for Military Families Against the War, said outside court: "Once more the possibility of a serious inquiry into what led us to war has been closed down.
"The implication of the ruling is that in matters of war the government is above the law and is not accountable to the people in any way.
"The families are really distraught by this ruling."
Retrospective inquiry
Attorney General Lord Goldsmith had earlier said it was "entirely reasonable" not to hold a further inquiry as four had already been held.
And QCs appearing for the prime minister, the defence secretary and the attorney general, said at the earlier hearing at the Court of Appeal if that argument was accepted it would mark "a significant, constitutional shift".
The action was also 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.The action was also 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.
Prime Minister Tony Blair has said he had not ruled out a retrospective inquiry.Prime Minister Tony Blair has said he had not ruled out a retrospective inquiry.