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Court of Appeal judges to rule on 1948 Malaya 'massacre' Malaya killings: Court of Appeal rejects inquiry bid
(about 2 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. Relatives of 24 men killed by British troops in Malaya in 1948 have lost the latest round of their long-running legal battle for an official inquiry.
Families of the plantation workers say their relatives were "massacred" and want a full investigation and apology. Three Court of Appeal judges dismissed the bid by campaigners for an inquiry into the shootings at Batang Kali.
British authorities at the time claimed the men were insurgents. It follows a High Court ruling in 2012 which upheld a UK government decision not to hold a public investigation.
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 families believe the men were "massacred" but British forces at the time claimed they were insurgents.
Lawyers representing the relatives claim the December 1948 killings are a "hugely significant and unresolved instance of human rights abuse". The appeal was rejected by Lord Justice Maurice Kay, Lord Justice Rimer and Lord Justice Fulford, but the families involved in the case vowed to carry on their fight.
Their lawyers claim the December 1948 killings are a "hugely significant and unresolved instance of human rights abuse".
British rule
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 attack happened when Malaya, which became known as Malaysia in 1963, 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 2012, 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
"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 had been reached lawfully.
Two inquiries
The High Court upheld the government's decision, warning the cost of an inquiry could be more than £1m.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.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.