A JUDGE has thrown out a bid for a judicial review into the deaths of six Red Caps.
The families of the servicemen killed in Iraq, including Washington’s Corporal Simon Miller, had applied for the review as part of their on-going fight for justice.
The soldiers were killed almost 10 years ago when a mob of 300 Iraqis attacked the police station in Majar al-Kabir, in southern Iraq, in June 2003, and their families have been fighting for answers ever since.
Several investigations, including an inquest and an internal Army Board of Inquiry, have failed to give the families the details they need into the deaths of the military policemen who were tied up, beaten and dragged through the streets before eventually being killed.
Cpl Miller, 21, died alongside 24-year-old Cpl Paul Long, from South Shields.
Through his mum, Pat Long, 61, lawyers filed papers in the High Court revealing plans to use European human rights laws to force the MoD to hold a public inquiry. However, the bid fell at the first hurdle when Mr Justice King this week refused permission for a judicial review, saying Mrs Long had taken too long to apply to the court.
A letter outlining Mr Justice King’s decision states: “I refuse permission on the grounds of delay in bringing this claim.
“There has been undue delay in making the application.
“Such clarification could and should have been pursued by the claimant back in 2006 but the claimant chose not to do so.”
Simon’s dad, John Miller, who has made it his life’s mission to get justice for his son, said: “All I want is truth and justice for my son and for the MoD to accept responsibility.
“I want my day in court for Simon.”
Cpl Miller and Cpl Long, along with Sergeant Simon Hamilton-Jewell, 41, from Surrey, Corporal Russell Aston, 30, from Derbyshire, Lance Corporal Benjamin Hyde, 23, from Northallerton and Lance Corporal Tom Keys, 20, from North Wales, had been training Iraqi officers when the station came under attack.
Mrs Long, who lives in South Tyneside, said she could not have applied for the review in 2006 as inquiries were still on-going, but she will not give up and her lawyers plan to renew the application for judicial review.
She added: “After all the struggle it took to get to court it feels like an insult, but I don’t think the judge has properly looked at this.
“This is all so stressful for all the families that I am doing this for, and it never stops for any of us.”