This article is from the source 'bbc' and was first published or seen on . It last changed over 40 days ago and won't be checked again for changes.
You can find the current article at its original source at http://www.bbc.co.uk/news/uk-26640527
The article has changed 5 times. There is an RSS feed of changes available.
| Version 0 | Version 1 |
|---|---|
| Court of Appeal judges to rule on 1948 Malaya 'massacre' | Court of Appeal judges to rule on 1948 Malaya 'massacre' |
| (about 3 hours later) | |
| Court of Appeal judges are set to rule on a long-running battle for an inquiry into the 1948 killings of 24 villagers in Malaya by British troops. | Court of Appeal judges are set to rule on a long-running battle for an inquiry into the 1948 killings of 24 villagers in Malaya by British troops. |
| Families of the plantation workers say their relatives were "massacred" and want a full investigation and apology. | Families of the plantation workers say their relatives were "massacred" and want a full investigation and apology. |
| British authorities at the time claimed the men were insurgents. | British authorities at the time claimed the men were insurgents. |
| The UK government rejected calls for a public hearing - a decision upheld by the High Court in September 2012 - and judges will rule on the appeal today. | The UK government rejected calls for a public hearing - a decision upheld by the High Court in September 2012 - and judges will rule on the appeal today. |
| Lawyers representing the relatives claim the December 1948 killings are a "hugely significant and unresolved instance of human rights abuse". | Lawyers representing the relatives claim the December 1948 killings are a "hugely significant and unresolved instance of human rights abuse". |
| The rubber plantation workers were killed by a platoon of Scots Guards as British troops were conducting operations against communist insurgents during the so-called Malayan Emergency. | The rubber plantation workers were killed by a platoon of Scots Guards as British troops were conducting operations against communist insurgents during the so-called Malayan Emergency. |
| Families of the ethnic Chinese victims have been campaigning for decades for a public inquiry and compensation. | Families of the ethnic Chinese victims have been campaigning for decades for a public inquiry and compensation. |
| The alleged "massacre", at Batang Kali, happened when Malaya was still under British rule. | The alleged "massacre", at Batang Kali, happened when Malaya was still under British rule. |
| At a hearing in November last year, Michael Fordham QC, representing four appellants - two of whom were at Batang Kali as children - said it was still important "historic wrongs" were investigated. | At a hearing in November last year, Michael Fordham QC, representing four appellants - two of whom were at Batang Kali as children - said it was still important "historic wrongs" were investigated. |
| Reasonable or proportionate | Reasonable or proportionate |
| "It is now well-recognised that the public interest considerations which inform the operation of the rule of law do protect against inadequately investigated incidents being 'quietly forgotten'," he told judges. | "It is now well-recognised that the public interest considerations which inform the operation of the rule of law do protect against inadequately investigated incidents being 'quietly forgotten'," he told judges. |
| Mr Fordham said that at least three of the soldiers who were on patrol and at least five villagers who were at Batang Kali were still alive. | Mr Fordham said that at least three of the soldiers who were on patrol and at least five villagers who were at Batang Kali were still alive. |
| Evidence from living witnesses, including soldiers, could be available to an inquiry, he said, adding that "the bodies of the victims could be disinterred and the distance and direction of the gunshot wounds analysed". | Evidence from living witnesses, including soldiers, could be available to an inquiry, he said, adding that "the bodies of the victims could be disinterred and the distance and direction of the gunshot wounds analysed". |
| Foreign Secretary William Hague and Defence Secretary Philip Hammond both opposed the application, saying the decision not to hold any inquiry was reached lawfully. | Foreign Secretary William Hague and Defence Secretary Philip Hammond both opposed the application, saying the decision not to hold any inquiry was reached lawfully. |
| The High Court upheld the government's decision, warning the cost of an inquiry could be more than £1m. | |
| "It would appear to be very difficult at this point in time to establish definitively whether the men were shot trying to escape or whether these were deliberate executions," the judges ruled. | "It would appear to be very difficult at this point in time to establish definitively whether the men were shot trying to escape or whether these were deliberate executions," the judges ruled. |
| "Nor, in our view, would it be any easier to determine whether the use of force was reasonable or proportionate." | "Nor, in our view, would it be any easier to determine whether the use of force was reasonable or proportionate." |
| There have already been two inquiries into the killings - one shortly after the events in 1948 and another in 1970. | There have already been two inquiries into the killings - one shortly after the events in 1948 and another in 1970. |
| Former Labour Defence Secretary Denis Healey instructed Scotland Yard to create a special task team to investigate the matter. | |
| However, the incoming Conservative government dropped it in 1970, citing a lack of evidence. | However, the incoming Conservative government dropped it in 1970, citing a lack of evidence. |