THE family of a Sunderland Red Cap killed by an Iraqi mob are to bring a Human Rights Act Claim to try and force a public inquiry.
Corporal Simon Miller’s Washington family, along with three others, are to take the action.
Lawyer Simon McKay said they would also lodge a criminal complaint over allegations that some individuals at the MoD broke military law.
Two other army Red Caps also died the incident in Iraq in June 2003.
The MoD said the circumstances had been investigated extensively and a public inquiry would serve no purpose.
Corporals Russell Aston, 30, and Simon Miller, 21, and Lance Corporals Benjamin Hyde, 23, and Tom Keys, 20, were killed when a 400-strong mob descended on a police station in Majar al-Kabir.
John Miller, father of Cpl Miller, added: “It has been 10 years now and we still don’t know what happened to our son. We know he was murdered but we don’t know why it happened or what happened in the proceeding hours or days.
“Now we have the vehicle to launch what we see as a legal option to bring this out into the public domain. It is in the public’s interest as well as our own.”
The other two Royal Military Police NCOs who died were Sgt Simon Hamilton-Jewell, 41, and Cpl Paul Long, 24, of South Tyneside.
An MoD spokesman said: “Our thoughts remain with the families of those killed in this terrible incident.
“However, the circumstances have been investigated extensively and reported on and no practical purpose would be served by holding a public inquiry.”