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| Malaysian families lose UK fight over 1948 'massacre' | Malaysian families lose UK fight over 1948 'massacre' |
| (about 1 hour later) | |
| Campaigners seeking an inquiry into the killing of 24 villagers in Malaya in 1948 by British troops have lost their fight in London's High Court. | Campaigners seeking an inquiry into the killing of 24 villagers in Malaya in 1948 by British troops have lost their fight in London's High Court. |
| The court upheld a government decision not to hold a public inquiry into the alleged massacre at Batang Kali. | The court upheld a government decision not to hold a public inquiry into the alleged massacre at Batang Kali. |
| But the High Court ruled the British government was responsible for the soldiers' actions, something it has always denied. | But the High Court ruled the British government was responsible for the soldiers' actions, something it has always denied. |
| A solicitor representing the families said they planned to appeal. | A solicitor representing the families said they planned to appeal. |
| The killings occurred at a time when Malaya was part of the British Empire. The so-called Malayan Emergency, which lasted until the late 1950s, involved British troops putting down a communist-inspired revolt. | The killings occurred at a time when Malaya was part of the British Empire. The so-called Malayan Emergency, which lasted until the late 1950s, involved British troops putting down a communist-inspired revolt. |
| The British authorities at the time said the men had been suspected insurgents killed trying to escape. | The British authorities at the time said the men had been suspected insurgents killed trying to escape. |
| 'No threat' | 'No threat' |
| But John Halford, a solicitor representing relatives of those who died at Batang Kali, said Tuesday's ruling had found the inhabitants of Batang Kali had been unarmed agricultural workers who had not been wearing uniforms and had posed no threat. | But John Halford, a solicitor representing relatives of those who died at Batang Kali, said Tuesday's ruling had found the inhabitants of Batang Kali had been unarmed agricultural workers who had not been wearing uniforms and had posed no threat. |
| However the High Court concluded that decisions taken by Foreign Secretary William Hague and Defence Secretary Philip Hammond not to set up an inquiry were "not unreasonable". | However the High Court concluded that decisions taken by Foreign Secretary William Hague and Defence Secretary Philip Hammond not to set up an inquiry were "not unreasonable". |
| In his ruling Sir John Thomas, president of the Queen's Bench Division of the High Court, sitting with Mr Justice Treacy, said: "In our judgment, the decisions of the secretaries of state were ones that took into account the relevant considerations and were not unreasonable. | In his ruling Sir John Thomas, president of the Queen's Bench Division of the High Court, sitting with Mr Justice Treacy, said: "In our judgment, the decisions of the secretaries of state were ones that took into account the relevant considerations and were not unreasonable. |
| "There are no grounds for disturbing their conclusion. In our judgment, they had regard to the relevant factors and weighed them carefully and reached a conclusion which it was plainly open to them to reach." | "There are no grounds for disturbing their conclusion. In our judgment, they had regard to the relevant factors and weighed them carefully and reached a conclusion which it was plainly open to them to reach." |
| "I am disappointed with the finding that no inquiry is required. The truth has not been fully revealed," said Chong Koon Ying, whose father Chong Voon died. | "I am disappointed with the finding that no inquiry is required. The truth has not been fully revealed," said Chong Koon Ying, whose father Chong Voon died. |
| Mr Halford said they would be appealing to the Supreme Court and he called on the government to "do the right thing" and "end the ongoing injustices at the heart of this case". | Mr Halford said they would be appealing to the Supreme Court and he called on the government to "do the right thing" and "end the ongoing injustices at the heart of this case". |
| He said the British government had claimed the troops had been under the control of the Sultan of Selangor, whom he described as a "playboy prince with virtually no power outside of his court", but the court had ruled they had been under the control of the British imperial authorities. | He said the British government had claimed the troops had been under the control of the Sultan of Selangor, whom he described as a "playboy prince with virtually no power outside of his court", but the court had ruled they had been under the control of the British imperial authorities. |
| A government spokesman said: "The High Court has upheld the government's decision not to hold a public enquiry into the killing of 24 Batang Kali civilians over 60 years ago. | A government spokesman said: "The High Court has upheld the government's decision not to hold a public enquiry into the killing of 24 Batang Kali civilians over 60 years ago. |
| "This was clearly a deeply regrettable incident and we extend our sympathy to the families and survivors for the loss of life and suffering. We have always said that a public enquiry would not be able to reach any credible conclusions given the length of time passed. Furthermore, we did not feel that the interests of justice would have been served by spending significant sums on further investigations for which there have been a number of previous enquiries." | "This was clearly a deeply regrettable incident and we extend our sympathy to the families and survivors for the loss of life and suffering. We have always said that a public enquiry would not be able to reach any credible conclusions given the length of time passed. Furthermore, we did not feel that the interests of justice would have been served by spending significant sums on further investigations for which there have been a number of previous enquiries." |
| Uncle shot dead | Uncle shot dead |
| At a hearing in May, judges heard that British troops - most of whom were on National Service - were conducting operations against communist insurgents during the "Malayan Emergency" when the plantation workers were killed. | At a hearing in May, judges heard that British troops - most of whom were on National Service - were conducting operations against communist insurgents during the "Malayan Emergency" when the plantation workers were killed. |
| Several of the soldiers involved in the incident are still alive. | Several of the soldiers involved in the incident are still alive. |
| Relatives described the killings as a "a blot on British colonisation and decolonisation". | Relatives described the killings as a "a blot on British colonisation and decolonisation". |
| Three of the surviving family members of those who were killed - including two who were present as children when the killings began - attended a press conference in London in May. | Three of the surviving family members of those who were killed - including two who were present as children when the killings began - attended a press conference in London in May. |
| Loh Ah Choi, 71, heard his uncle, who was the first to be killed, being shot three times. | Loh Ah Choi, 71, heard his uncle, who was the first to be killed, being shot three times. |
| "I would like the British government to apologise," said Mr Loh, who was seven at the time. | "I would like the British government to apologise," said Mr Loh, who was seven at the time. |
| On 11 and 12 December 1948 a patrol of the Second Battalion of the Scots Guards arrived in Batang Kali, in the Malayan state of Selangor, to tackle communist insurgents. | On 11 and 12 December 1948 a patrol of the Second Battalion of the Scots Guards arrived in Batang Kali, in the Malayan state of Selangor, to tackle communist insurgents. |
| The court heard there was no dispute that 24 people were killed by the Scots Guards, but the question was how and under what circumstances. | The court heard there was no dispute that 24 people were killed by the Scots Guards, but the question was how and under what circumstances. |
| The court was told police and the Attorney General of the Federation of Malaya - a British colony - investigated the killings at the time and concluded that those who were killed were suspected insurgents shot while trying to escape. | The court was told police and the Attorney General of the Federation of Malaya - a British colony - investigated the killings at the time and concluded that those who were killed were suspected insurgents shot while trying to escape. |
| But most of the documents relating to that investigation have long since disappeared. | But most of the documents relating to that investigation have long since disappeared. |
| Malaysia gained its independence in 1957. | Malaysia gained its independence in 1957. |
| In 1970 the director of public prosecutions asked the Metropolitan Police to investigate Batang Kali after revelations in The People suggesting the 24 had been deliberately executed and a massacre covered up. | In 1970 the director of public prosecutions asked the Metropolitan Police to investigate Batang Kali after revelations in The People suggesting the 24 had been deliberately executed and a massacre covered up. |
| The newspaper interviewed four of the Guardsmen, who said those who died had not been trying to escape but were killed on the orders of the two sergeants. | The newspaper interviewed four of the Guardsmen, who said those who died had not been trying to escape but were killed on the orders of the two sergeants. |
| The sergeants were also interviewed by the paper but stuck by their original statements from 1948. | The sergeants were also interviewed by the paper but stuck by their original statements from 1948. |
| Eyewitness | Eyewitness |
| The Straits Times newspaper, based in Singapore, tracked down one of the Malaysian guides, Inche Jaffir bin Taib, who told a reporter that shortly before the shooting, one of the sergeants had told him not to look at the detainees. | The Straits Times newspaper, based in Singapore, tracked down one of the Malaysian guides, Inche Jaffir bin Taib, who told a reporter that shortly before the shooting, one of the sergeants had told him not to look at the detainees. |
| "He turned his back towards them and there was a sudden burst of gunfire. When he turned round, there were dead bodies everywhere. He was told by the sergeant not to breathe a word to anyone or he would be jailed," the court heard. | "He turned his back towards them and there was a sudden burst of gunfire. When he turned round, there were dead bodies everywhere. He was told by the sergeant not to breathe a word to anyone or he would be jailed," the court heard. |
| The Met's investigation was terminated by the director of public prosecutions who decided there was insufficient evidence to bring a prosecution. | The Met's investigation was terminated by the director of public prosecutions who decided there was insufficient evidence to bring a prosecution. |
| In 1992 a BBC documentary, In Cold Blood, sparked another blaze of publicity but the Crown Prosecution Service again considered there should not be a prosecution. | In 1992 a BBC documentary, In Cold Blood, sparked another blaze of publicity but the Crown Prosecution Service again considered there should not be a prosecution. |
| But the Royal Malaysia Police carried out a fresh investigation between 1993 and 1997 which was then terminated by the Malaysian Attorney General. | But the Royal Malaysia Police carried out a fresh investigation between 1993 and 1997 which was then terminated by the Malaysian Attorney General. |
| Mr Halford told the BBC: "The ruling makes it clear that the British government decided to be uncooperative to the Malaysian police and offered 'virtually no assistance'. | Mr Halford told the BBC: "The ruling makes it clear that the British government decided to be uncooperative to the Malaysian police and offered 'virtually no assistance'. |
| "The Malaysian police investigation was scuppered by British civil servants and you have to ask why that was," he added. | "The Malaysian police investigation was scuppered by British civil servants and you have to ask why that was," he added. |
| Malaysian lawyer Quek Ngee Meng, speaking for the Action Committee Condemning the Batang Kali Massacre, called for "the British government to acknowledge and accept the legal responsibility of the unlawful killing, and offer an apology to the families of those killed". | Malaysian lawyer Quek Ngee Meng, speaking for the Action Committee Condemning the Batang Kali Massacre, called for "the British government to acknowledge and accept the legal responsibility of the unlawful killing, and offer an apology to the families of those killed". |
| "This will be the only graceful and honourable response to the judgment from the [David] Cameron coalition government." | "This will be the only graceful and honourable response to the judgment from the [David] Cameron coalition government." |