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Families appeal over Iraq inquiry Families appeal over Iraq inquiry
(about 10 hours later)
Relatives of four British troops killed in Iraq are due in court to challenge the government's refusal to hold an independent inquiry into the conflict. 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 the families they face "formidable hurdles" in establishing their case. Appeal judges have already told them they face "formidable hurdles" in establishing their case.
They will argue in the Court of Appeal that the decision to go to war breached laws protecting the "right to life". 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.
The hearing comes after the government survived a bid for an immediate inquiry by opposition parties last week. Earlier the Prime Minister said he had not ruled out a retrospective inquiry.
Prime Minister Tony Blair has said a "retrospective inquiry" has not been ruled out by the government. Fusilier Gordon Gentle, from Glasgow, and Trooper David Clarke, of Staffordshire, were 19 when they were killed.
Human rights breach Human Rights breach
The families believe the government's decision to go to war was a breach of Article 2 of the European Convention on Human Rights, which protects the "right to life". 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.
I believe our prime minister lied to us and an inquiry would establish whether that was the case Rose Gentle
But appeal judges have allowed their case to go forward.But appeal judges have allowed their case to go forward.
The families also 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 saying an invasion would be legal by 17 March. 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.
Their latest challenge comes just days after an attempt to force the government to hold an inquiry into the Iraq war failed in the Commons. "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.
A motion for an immediate probe was opposed by a majority of 25 despite support from 12 rebel Labour MPs.
'Public desire''Public desire'
The action in the Court of Appeal is being brought by Peter Brierley, father of Lance Corporal Shaun Brierley from West Yorkshire; Beverley Clarke, mother of Trooper David Jeffrey Clarke of Staffordshire; Rose Gentle, mother of Fusilier Gordon Gentle from Glasgow, and Susan Smith, mother of Private Phillip Hewett of Tamworth in Staffordshire. 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."
Rose Gentle, whose son Gordon was killed by a roadside bomb in Basra, said: "We all need to know why we were taken to war in the first place. 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.
"I believe our prime minister lied to us and an inquiry would establish whether that was the case." A motion for an immediate probe was opposed by a majority of 25 despite support from 12 rebel Labour MPs.