Soldier's killing by US pilot was 'a criminal act'

UK:The killing of a British soldier in Iraq by an American pilot was a "criminal, unlawful act" that was tantamount to manslaughter, a British coroner ruled yesterday.

The family of Lance Cpl Matty Hull, who died in March 2003, wept as they were told at the inquest in Oxford that it was "an entirely avoidable tragedy".

His widow, Susan Hull, welcomed the verdict, saying it was what the family had been waiting four years for. Mrs Hull said she did not want to see the pilot prosecuted, but felt she been "badly let down" by the US government, which consistently refused to co-operate with the court.

The British Ministry of Defence (MoD) apologised over its handling of the cockpit video, which had caused so much controversy when the refusal to release it to the inquest was exposed by the Sunnewspaper.

The coroner, Andrew Walker, was damning in his appraisal of the way the Hull family had been treated. "They, despite request after request, have been, as this court has been, denied access to evidence that would provide the fullest explanation to help understand the sequence of events that led to and caused the tragic loss of Lance Cpl Hull's life.

"I have no doubt of how much pain and suffering they have been put through during this inquisition process and to my mind that is inexcusable."

No US witness gave evidence at the inquest and defence chiefs refused to allow the coroner access to their forces' rules of engagement. The family believes that withholding key documents and evidence was an attempt to cover up mistakes.

A US department of defence spokesman denied there had been a cover-up and was adamant that the killing was an accident.

"The US military investigation into this tragedy was thorough and conducted according to the same processes and standards as would be used in investigation of a friendly fire incident involving the death of an American military member.

The investigation determined that the incident took place in a complex combat environment, the pilots followed applicable procedures for engaging targets, and that this was a tragic accident."

Lance Cpl Hull was killed three days before his 26th birthday when a convoy of British household cavalry vehicles was strafed by two US A10 jets. He died from multiple injuries inside the gun turret of his blazing Scimitar tank despite efforts to save him.

Mrs Hull was told by the MoD that the cockpit tape of the incident did not exist, something which proved untrue when the Sunpublished its contents.

The MoD's apology to the Hull family said: "We are very sorry for confusion and upset caused over the handling of the cockpit footage. We are carefully considering the coroner's comments and their full implications."

At a press conference, Mrs Hull spoke of her frustration with President George Bush, who had promised he would help her in any way he could. Asked who she blamed for her husband's death, she said POPOV36, codename for Gus Kohntopp, the US pilot who fired on the convoy.

She added that she did not wish either of the pilots to be prosecuted. "I hope that they are at peace with themselves and can move on in their lives. I am sure they are feeling remorseful. I hope they are."

The coroner concluded the pilots had deliberately fired on the convoy, despite being responsible for providing air support for coalition forces in the area. The act was a "criminal one, since the pilots broke the combat rules of engagement in failing to properly identify the vehicles and seek clearance before opening fire".

He said: "The pilots chose not to take steps to confirm the identity of the vehicles in the convoy. The pilot who opened fire did so with disregard for the rules of engagement and was acting outside the protection of the law of armed conflict. The attack on the convoy amounted to an assault. It was unlawful because there was no lawful reason for it, and in that respect it was criminal."

The US pilots should have flown lower to confirm identities before opening fire, he said.