Decision by the Army
Prosecuting Authority regarding incident in Helmand Province
Afghanistan on 23 August 2007 in which three soldiers were killed
and two soldiers injured
ARMY PROSECUTING
AUTHORITY News Release issued by COI News Distribution Service. 31
October 2008
On 23 August 2007
members of B Company 1 Royal Anglian Regiment were conducting a
clearance patrol in the vicinity of Mazdurak, Helmand Province
Afghanistan. They came under fire from enemy forces using small
arms fire and rocket propelled grenades. Close air support was
provided by two aircraft one of which dropped a 500 lb bomb onto
the Royal Anglian position. A Senior Non-Commissioned Officer
(SNCO) Forward Air Controller passed instructions to the pilot and
the Aircraft Weapons Systems Officer. It was alleged that the SNCO
negligently failed to ensure that the pilot had the correct grid
reference for the target. As a result the bomb was dropped on
friendly forces rather than enemy forces as intended. The bomb
caused the tragic death of three soldiers and two other soldiers
sustained serious blast injuries.
A case against the SNCO was referred to the Army Prosecuting
Authority (APA) on 13 August 2008.
Because of the serious nature of the allegations, and the tragic
consequences, the APA sought the opinion of Queen's Counsel.
After careful consideration of the available evidence, the
prevailing battle conditions and counsel's opinion, the APA
has concluded that there is no realistic prospect of conviction on
any charge and additionally, that the circumstances of the
incident are such that it would not be in the public interest to prosecute.
A decision has therefore been made that court martial proceedings
will not be instituted in this case.
The next-of-kin of the deceased soldiers, the injured soldiers
and the SNCO have all been informed of the above decision.
Headquarters
Army Prosecuting Authority
Hillingdon House
RAF Uxbridge
Middlesex UB10 0RZ