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Www.Guardian.Co.Uk - The families of three SAS soldiers and a female corporal killed in Afghanistan when their Land Rover hit a landmine have a strong legal basis for suing the Ministry of Defence under the European Convention on Human Rights, according to a senior barrister.John Cooper, QC, gave his advice after it emerged yesterday that the commander of SAS troops in Afghanistan had resigned, accusing the government of 'gross negligence' over the four soldiers' deaths. Major Sebastian Morley claims the Ministry of Defence repeatedly ignored his warnings that soldiers would be killed unless alternatives were provided to the Snatch Land Rovers, known as 'mobile coffins' by the armed forces because of the poor quality of their armour.In his resignation letter, Morley, commander of D Squadron, 23 SAS, accused the MoD of a 'chronic underinvestment' in equipment. He is said to have described the MoD's failure to buy better equipment as 'cavalier at best, criminal at worst'.It is exceptionally rare for a senior soldier to speak out in such a way and his comments have drawn comparisons between the deaths of the four soldiers and Gordon Gentle, the Fusilier who died after his Snatch Land Rover was hit by a bomb in Iraq in 2004. A coroner ruled that Gentle's death was unlawful because the vehicle had not been fitted with specialist electronic 'bomb-blocking' protection equipment.Cooper, who represented the Gentle family in the run-up to the inquest, predicted last night that Morley's decision to speak could have important legal ramifications: 'If individuals in the SAS can give any evidence that their forces' personnel were subjected to unreasonable risks, their families can bring a civil action against the MoD under the European Convention on Human Rights.'Section 2 of the ECHR states governments must respect their citizens' right to life and, following a recent court case, has been applied successfully to cover soldiers fighting overseas in war zones.Cooper is bringing a similar legal action against the MoD on behalf some families of the crew of an RAF Nimrod that exploded in mid-air in Afghanistan and is also representing several families of the crew of an RAF Hercules that crashed after coming under small arms fire in Iraq. In the case of the Nimrod, a coroner accused the MoD of a 'cavalier approach' to safety. In the case of the Hercules, another coroner ruled a 'systemic failure' by the RAF meant it had not been fitted with potentially life-saving emergency equipment. Cooper, who yesterday was given a citation by the Bar Council for his work representing bereaved families of armed forces' personnel, praised Morley: 'Very rarely do you get people speaking out. And when military personnel do there are attempts made to undermine them. It's a very brave person who speaks out.'Corporal Sarah Bryant, who was in the Snatch Land Rover, was the first female soldier to die in Afghanistan. Her three SAS reservist colleagues with her in the vehicle, Corporal Sean Reeve, Lance Corporal, Richard Larkin, and Paul Stout, also died after the vehicle hit a mine in Helmand province in June. The MoD maintains that equipping its personnel is a 'clear priority'. Last week the Defence Secretary John Hutton announced a £700m package to provide troops in Afghanistan with range of heavily protected armoured vehicles.MilitaryDefence policyAfghanistanguardian.co.uk © Guardian News & Media Limited 2008 | Use of this content is subject to our Terms & Conditions | More Feeds MoD 'can be sued' over SAS deaths in Afghanistan | UK news | The Observer {...} Lawyer's advice to families follows commander's resignation in protest at inadequate equipment {...} Published: November 2, 2008, 12:02 am - Indexed: November 2, 2008, 10:46 am - Page Size: 72KB |