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| Relatives lose court case for inquiry in to 1948 Malaya 'massacre' | Relatives lose court case for inquiry in to 1948 Malaya 'massacre' |
| (7 days later) | |
| British troops killed 24 unarmed rubber plantation workers, subjected their families to simulated executions, and rounded up women and children during an operation described as a massacre during the anti-communist insurgency in Malaya more than 63 years ago, the high court heard on Tuesday. | British troops killed 24 unarmed rubber plantation workers, subjected their families to simulated executions, and rounded up women and children during an operation described as a massacre during the anti-communist insurgency in Malaya more than 63 years ago, the high court heard on Tuesday. |
| However, though this account "could not be the subject of serious doubt", and though it contradicts claims made by successive British governments, two judges dismissed an attempt by families of the victims to set up a public inquiry into the event. | However, though this account "could not be the subject of serious doubt", and though it contradicts claims made by successive British governments, two judges dismissed an attempt by families of the victims to set up a public inquiry into the event. |
| Their lawyers said they would appeal after Sir John Thomas – president of the high court's Queen's bench division – and Mr Justice Treacy ruled that it would be "very difficult at this point in time" to establish whether the shootings were "deliberate executions". | Their lawyers said they would appeal after Sir John Thomas – president of the high court's Queen's bench division – and Mr Justice Treacy ruled that it would be "very difficult at this point in time" to establish whether the shootings were "deliberate executions". |
| This was despite their statement earlier in the judgment where they refer to allegations made in 1970 by soldiers that there was a "deliberate execution of the men and it was 'covered up' by the Scots Guards and British army". The judges added: "This is a very serious allegation though one which can properly be made on the evidence." | This was despite their statement earlier in the judgment where they refer to allegations made in 1970 by soldiers that there was a "deliberate execution of the men and it was 'covered up' by the Scots Guards and British army". The judges added: "This is a very serious allegation though one which can properly be made on the evidence." |
| They ruled: "The first matter in relation to the purpose of inquiry is to consider whether it can establish the facts. There are obviously enormous difficulties in conducting an inquiry into a matter that happened over 63 years ago. Most of the contemporary documents are missing and most of those who were engaged are dead. Nor, in our view, would it be any easier to determine whether the use of force was reasonable or proportionate." | They ruled: "The first matter in relation to the purpose of inquiry is to consider whether it can establish the facts. There are obviously enormous difficulties in conducting an inquiry into a matter that happened over 63 years ago. Most of the contemporary documents are missing and most of those who were engaged are dead. Nor, in our view, would it be any easier to determine whether the use of force was reasonable or proportionate." |
| The judges analysed three investigations into the Batang Kali killings – in the late 1940s, the early 1970s and the mid-1990s. They said victims' relatives had alleged a cover-up in relation to investigations in 1948 and 1970. | The judges analysed three investigations into the Batang Kali killings – in the late 1940s, the early 1970s and the mid-1990s. They said victims' relatives had alleged a cover-up in relation to investigations in 1948 and 1970. |
| They said it was difficult to escape the conclusion that between 1993 and 1996 departments of John Major's Conservative government decided to "progress any inquiries with as much delay as possible". | They said it was difficult to escape the conclusion that between 1993 and 1996 departments of John Major's Conservative government decided to "progress any inquiries with as much delay as possible". |
| Since the account of the villagers and five Scots Guardsmen had never been the subject of a "definitive inquiry", it was "now impossible to reach any definitive conclusion as to how the deaths of the inhabitants came about". | Since the account of the villagers and five Scots Guardsmen had never been the subject of a "definitive inquiry", it was "now impossible to reach any definitive conclusion as to how the deaths of the inhabitants came about". |
| John Halford, of the law firm Bindsman, solicitor for the families, said: "Many of the shameful events at Batang Kali have been firmly established, as has the UK's ongoing legal responsibility for them. If ministers can find the moral courage within themselves to address it, they can do so immediately. If they fail to act decisively to end the ongoing injustices at the heart of this case, the survivors and families of the Batang Kali massacre will continue to pursue legal action and complete the work this court has begun." | John Halford, of the law firm Bindsman, solicitor for the families, said: "Many of the shameful events at Batang Kali have been firmly established, as has the UK's ongoing legal responsibility for them. If ministers can find the moral courage within themselves to address it, they can do so immediately. If they fail to act decisively to end the ongoing injustices at the heart of this case, the survivors and families of the Batang Kali massacre will continue to pursue legal action and complete the work this court has begun." |
| Lim Kok, whose father, Lim Tian Shui, was found beheaded, said: "Though the court found the government did not need to hold an inquiry on technical grounds, the fact is that the Scots Guards shot innocent civilians, my father included." | Lim Kok, whose father, Lim Tian Shui, was found beheaded, said: "Though the court found the government did not need to hold an inquiry on technical grounds, the fact is that the Scots Guards shot innocent civilians, my father included." |
| Chong Koon Yin, whose father Chong Voon was also killed during the massacre, said: "The truth has not been fully revealed. Without a proper inquiry or a proper acceptance of fault, the government held legally responsible for the killing remains unaccountable." | Chong Koon Yin, whose father Chong Voon was also killed during the massacre, said: "The truth has not been fully revealed. Without a proper inquiry or a proper acceptance of fault, the government held legally responsible for the killing remains unaccountable." |
| On 11 December 1948 a patrol of Scots Guards surrounded and entered the village, which lies north of the capital. The male villagers were separated. That evening one of the men was shot by soldiers; the next day a further 23 died. None of the victims was armed and no weapons were found before the killings. | On 11 December 1948 a patrol of Scots Guards surrounded and entered the village, which lies north of the capital. The male villagers were separated. That evening one of the men was shot by soldiers; the next day a further 23 died. None of the victims was armed and no weapons were found before the killings. |
| The Malaysian relatives' hopes have been boosted by a group of Kenyan survivors, mostly in their 80s, who won the right last summer to sue the British government for damages over claims of torture during the 1950s Mau Mau uprising. | The Malaysian relatives' hopes have been boosted by a group of Kenyan survivors, mostly in their 80s, who won the right last summer to sue the British government for damages over claims of torture during the 1950s Mau Mau uprising. |
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