Villagers have more ‘raid info’

The lawyer acting for Afghan villagers who allege they are the innocent victims of a Defence Force action says he has more information to present that is relevant to calls for an inquiry.

In a letter to Prime Minister Bill English and Attorney-General Chris Finlayson, supplied to the media, lawyer Richard McLeod said that the villagers alleged breaches of domestic and international law.

‘‘We are aware that ministers may be considering making a decision today on whether to commission an inquiry into the allegations and concerns raised about the actions of the NZDF during Operation Burnham,’’ McLeod said.

The new information related to various claims in a Defence Force media release on March 26 and at a press conference by the Chief of Defence Force Lieutenant-General Tim Keating on Monday.

McLeod said he could provide the information to ministers by this morning.

‘‘In the meantime, we request that no decision be made regarding an inquiry without our clients being first afforded the opportunity to provide potentially significant information . . . which would be directly relevant to the need for an inquiry’’.

However, he said the Government was welcome to accept the request for an inquiry before then.

At the press briefing Keating said New Zealand troops had not operated in the two villages identified by authors Nicky Hager and Jon Stephenson in their book Hit and Run – Nail and Khak Khuday Dad – saying Operation Burnham was in a village two kilometres away called Tirgiran.

He also rejected as inaccurate many other details in the book, which named six villagers killed and 15 injured in the August 22, 2010 raid.

Keating said nine insurgents were killed in the raid on Tirgiran led by the SAS, but the SAS on the ground only fired two bullets which killed one unnamed insurgent. But he accepted there may have been civilian casualties when, because of an equipment malfunction, a United States coalition helicopter accidentally fired on a house containing civilians and insurgents.

He said he had looked at footage of the raid. The SAS had followed ‘‘exemplary’’ process and had a legal adviser with them, who found no cause for concern.

But McLeod said the only villages to suffer deaths and injuries and/or property destruction that night were Naik and Khak Khuday Dad.

There was now considerable public confusion and concern in relation to Operation Burnham and an independent inquiry was needed. At worst the Defence Force explanation was an attempt to conceal the true nature of its role in the villages, he said.

‘‘There is an additional need to have a formal inquiry into these matters which is . . . treating the victims of Operation Burnham with respect and dignity. It is not acceptable to deal with such matters through drip feeding information through the media.’’

McLeod called for any footage of the raid, which might be released, to be dealt with respectfully.

Labour leader Andrew Little said there were still grounds for inquiry into the allegations about the actions of the SAS in Afghanistan, despite the forceful rebuttal from the Defence Force.

Keating had said he was open to an inquiry but questioned the legal basis for one.