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'Friendly fire' court case halted 'Friendly fire' court case halted
(41 minutes later)
Lawyer's for a widow whose husband was killed in a "friendly fire" incident in Iraq have halted a legal challenge against the Ministry of Defence (MoD). Lawyers for a widow whose husband was killed in a "friendly fire" incident in Iraq have halted a legal challenge against the Ministry of Defence (MoD).
Cpl Stephen Allbutt, 35, from Staffordshire, died in Basra in March 2003 when tanks, under the command of Lt-Col Lindsay MacDuff, opened fire. Cpl Stephen Allbutt, 35, from Staffordshire, died in Basra in March 2003 when tanks, under the command of Lt Col Lindsay MacDuff, opened fire.
Trooper David Clarke, 19, from Stafford, also died.Trooper David Clarke, 19, from Stafford, also died.
Mrs Allbutt said she was upset the MoD had disclosed new material and that a civil case would continue.Mrs Allbutt said she was upset the MoD had disclosed new material and that a civil case would continue.
At an inquest, in July 2007, into the two men's deaths, coroner Andrew Walker said Lt Col MacDuff, who was commanding B Company, 1 Black Watch, had "failed to appreciate" the danger the men were in. At an inquest, in July 2007, into the two men's deaths, coroner Andrew Walker said Col MacDuff, who was commanding B Company, 1 Black Watch, had "failed to appreciate" the danger the men were in.
Disciplinary actionDisciplinary action
He also said there was "no evidence" that Lt Col MacDuff had broadcast Cpl Allbutt's position over the radio. He also said there was "no evidence" that Col MacDuff had broadcast Cpl Allbutt's position over the radio.
Mrs Allbutt, of Stoke-on-Trent, launched her judicial review action against the MoD in May 2008, saying it was unreasonable not to take disciplinary action.Mrs Allbutt, of Stoke-on-Trent, launched her judicial review action against the MoD in May 2008, saying it was unreasonable not to take disciplinary action.
The MoD said it was inappropriate to do so as the reviewing officer considered it impossible, without evidence, to prove Lt Col MacDuff had not sent the message. The MoD said it was inappropriate to do so as the reviewing officer considered it impossible, without evidence, to prove Col MacDuff had not sent the message.
Mrs Allbutt's lawyers have now told a High Court judge the decision to discontinue was taken in light of material disclosed by the MoD that showed the reviewing officer listened to evidence tapes given at the inquest twice before taking his decision.Mrs Allbutt's lawyers have now told a High Court judge the decision to discontinue was taken in light of material disclosed by the MoD that showed the reviewing officer listened to evidence tapes given at the inquest twice before taking his decision.
The MoD has not yet commented on the decision to halt the proceedings.The MoD has not yet commented on the decision to halt the proceedings.
However, Mrs Allbutt has said she intends to carry on with a civil case, which was put on hold when the case for a judical review began.However, Mrs Allbutt has said she intends to carry on with a civil case, which was put on hold when the case for a judical review began.
At the inquest, the coroner recorded a narrative verdict for Cpl Allbutt.At the inquest, the coroner recorded a narrative verdict for Cpl Allbutt.