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Firm 'should have halted' mission Iraq mission 'should have halted'
(1 day later)
A security consultant who died during an ambush in Iraq should have been told to halt the mission, London's High Court has heard.A security consultant who died during an ambush in Iraq should have been told to halt the mission, London's High Court has heard.
Julian Davies, 39, was shot when he was in a vehicle convoy in Mosul in 2004.Julian Davies, 39, was shot when he was in a vehicle convoy in Mosul in 2004.
His widow Joanne, from Barry, Vale of Glamorgan, has launched a claim for about £300,000 for his death.His widow Joanne, from Barry, Vale of Glamorgan, has launched a claim for about £300,000 for his death.
Her lawyers said Mr Davies should have been told to "go firm" (halt), but his former employers, Global Strategies Group, deny liability for the death.Her lawyers said Mr Davies should have been told to "go firm" (halt), but his former employers, Global Strategies Group, deny liability for the death.
The court has already been told that Global Strategies Group (Hong Kong) Ltd and Global Strategies Group (United Kingdom) owed Mr Davies a "duty of care" to provide a safe working environment, and had not done so.The court has already been told that Global Strategies Group (Hong Kong) Ltd and Global Strategies Group (United Kingdom) owed Mr Davies a "duty of care" to provide a safe working environment, and had not done so.
What Mr St Matthew Daniel ought to have done is said 'go firm' and wait. Nicholas Braslavsky QCWhat Mr St Matthew Daniel ought to have done is said 'go firm' and wait. Nicholas Braslavsky QC
Nicholas Braslavsky QC said Mr Davies's project manager in Iraq, Alex St Matthew Daniel, should have told him to "go firm" because of the deteriorating security situation.Nicholas Braslavsky QC said Mr Davies's project manager in Iraq, Alex St Matthew Daniel, should have told him to "go firm" because of the deteriorating security situation.
Instead, Mr Braslavsky said, Mr St Matthew Daniel gave Mr Davies a "meaningless" direction to "proceed with extreme caution".Instead, Mr Braslavsky said, Mr St Matthew Daniel gave Mr Davies a "meaningless" direction to "proceed with extreme caution".
Mr St Matthew Daniel did not give evidence in court, but Nick Arnold, an operations manager for Global Strategies, took the witness box.Mr St Matthew Daniel did not give evidence in court, but Nick Arnold, an operations manager for Global Strategies, took the witness box.
Mr Braslavsky put it to him that Mr Davies, who was earning $500 a day, should have been told to "go firm".Mr Braslavsky put it to him that Mr Davies, who was earning $500 a day, should have been told to "go firm".
Mr Arnold, who described Mr Davies as "very responsible" and "very experienced", said he would not have continued the mission if he had not believed it was safe.Mr Arnold, who described Mr Davies as "very responsible" and "very experienced", said he would not have continued the mission if he had not believed it was safe.
"Possibly, Mr Davies could have been told to stop," he added."Possibly, Mr Davies could have been told to stop," he added.
"It's a possibility. But somebody of Julian's capability and experience, they were best placed to make those decisions.""It's a possibility. But somebody of Julian's capability and experience, they were best placed to make those decisions."
Mr Braslavsky said: "What Mr St Matthew Daniel ought to have done is said 'go firm' and wait."Mr Braslavsky said: "What Mr St Matthew Daniel ought to have done is said 'go firm' and wait."
Mr Arnold replied: "Possibly, that's an option he could have exercised."Mr Arnold replied: "Possibly, that's an option he could have exercised."
Mr Braslavsky: "I'm suggesting he ought to have done that."Mr Braslavsky: "I'm suggesting he ought to have done that."
Mr Arnold: "No, it's an option that he could have taken."Mr Arnold: "No, it's an option that he could have taken."
SnipersSnipers
Mr Braslavsky said Global Strategies had intelligence suggesting its operatives could come under threat from small arms fire aimed at "civilian" vehicles by snipers.Mr Braslavsky said Global Strategies had intelligence suggesting its operatives could come under threat from small arms fire aimed at "civilian" vehicles by snipers.
However, there was "no mention" that a "risk assessment" had been carried out, he said.However, there was "no mention" that a "risk assessment" had been carried out, he said.
Mr Arnold insisted he was "constantly" asking senior managers in Iraq what the threat was in telephone conversations "so our team was able to mitigate the risks we were being exposed to in order to successfully deliver the mission".Mr Arnold insisted he was "constantly" asking senior managers in Iraq what the threat was in telephone conversations "so our team was able to mitigate the risks we were being exposed to in order to successfully deliver the mission".
On the day he was killed, 24 June, 2004, Mr Davies's armed convoy was forced to change routes after a car bomb exploded and the vehicle later came under attack from heavily-armed rebel forces.On the day he was killed, 24 June, 2004, Mr Davies's armed convoy was forced to change routes after a car bomb exploded and the vehicle later came under attack from heavily-armed rebel forces.
Mr Davies, a former Royal Marine who was in the Territorial Army's SAS division and living in Halifax, Yorkshire, with his family when he was killed, was shot in the head and died after being airlifted to hospital from a US Army base. Mr Davies, a former sergeant attached to the 21 SAS reserves at Raglan Barracks, in Newport, was living in Yorkshire with his family when he was killed. He was shot in the head and died after being airlifted to hospital from a US Army base.
Global Strategies Group had been contracted by the US Army to help with post-war reconstruction in Iraq.Global Strategies Group had been contracted by the US Army to help with post-war reconstruction in Iraq.
Its legal team, headed by Robert Jay QC, deny liability for Mr Davies's death, while Mr Justice Burnett is also being asked to decide whether Global Strategies Group (Hong Kong) Ltd or Global Strategies Group (United Kingdom) Limited - or both companies - employed Mr Davies.Its legal team, headed by Robert Jay QC, deny liability for Mr Davies's death, while Mr Justice Burnett is also being asked to decide whether Global Strategies Group (Hong Kong) Ltd or Global Strategies Group (United Kingdom) Limited - or both companies - employed Mr Davies.
Mrs Davies is claiming for her bereavement, the loss of her husband's earnings, as well as the help he offered her around the house.Mrs Davies is claiming for her bereavement, the loss of her husband's earnings, as well as the help he offered her around the house.
The case, expected to last until Thursday, continues.The case, expected to last until Thursday, continues.