Family anguish at Iraq death soldier case failure

Peter HarrisNorth East and Cumbria correspondent
News imageBBC John Miller looks sombre and is wearing a navy suit jacket over a white shirt. He is stood in his lounge with a sofa and patterned cushions behind him.BBC
John Miller said the whole trial had been a "farce"

The family of a British soldier killed by an armed mob in Iraq fear they will never get justice after a legal case against a suspect was dropped.

Cpl Simon Miller was one of six military policemen - known as Red Caps - who died in an ambush in southern Iraq in 2003.

Last year an Iraqi court convicted a man of their murder in his absence and a suspect - originally thought to be that man - was later arrested and put before a judge last week.

But at a hearing in Baghdad, the charges against the suspect have been dropped after the court decided it was a case of mistaken identity, leaving Miller's father to call the trial "crazy" and a "farce".

Although the man before the court had a similar name to the alleged killer, Alaa Jabbar Khudair, it was said there was a lack of reliable evidence linking him to the crime.

It means while the murder conviction of the man tried in his absence last year stands, he remains at large.

News imageMoD Crown Copyright/PA Six members of the Red Caps who were killed in a police station in the town of Majar al-Kabir have been pictured in a grid. All six are in their uniform. MoD Crown Copyright/PA
The Ministry of Defence said it had offered support and updates to the families

Cpl Miller's father John, from Washington near Sunderland, said the whole case had been a "farce".

He said: "This guy has turned up and said 'that's my name but it's not me' and then it gets kicked out.

"I think the only thing that comes out of it is that the original trial [verdict] stands and the guy they say was the culprit still has a life sentence hanging over him - but they don't know where he is.

"There's no justice whatsoever, it's crazy."

The military policemen were ambushed by a group of about 400 people who stormed a police station in the town of Majar al-Kabir.

In a statement, the Ministry of Defence said: "Our thoughts and deepest sympathies remain with the families of Sergeant Simon Hamilton-Jewell, Corporal Russell Aston, Corporal Paul Long, Corporal Simon Miller, Lance Corporal Benjamin Hyde and Lance Corporal Thomas Keys at this difficult time, and we want to see justice for their deaths.

"We continue to offer regular updates and support to families, but this case falls under Iraqi jurisdiction, we do not have an active role in proceedings."

Sgt Simon Hamilton-Jewell, 41, was from Chessington, Surrey, Cpl Russell Aston, 30, was from Swadlincote, Derbyshire, Cpl Paul Long, 24, was from Hebburn, Tyne and Wear, Lance Cpl Ben Hyde, 23, was from Northallerton, North Yorkshire and Lance Cpl Tom Keys, 20, was from Bala, North Wales.

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