Legal action filed over controversial Afghan raid

A human rights lawyer has filed proceedings against the Government over the decision not to hold an inquiry into a military operation that allegedly killed civilians in Afghanistan.

Deborah Manning confirmed she had filed a request for a judicial review of the decision in the High Court at Wellington yesterday.

Investigative journalists Jon Stephenson and Nicky Hager wrote about the operation in their 2016 book, Hit and Run.

They alleged the raid, known as Operation Burnham, had killed six Afghan villagers and injured 15.

Stephenson referred the villagers to Manning after they approached him for help in 2016.

Manning said she was in con- tact with them, and believed they had the right to an ‘‘independent and effective’’ inquiry.

‘‘The toughest thing for those who suffer trauma or abuse is for people to say it didn’t happen.

‘‘They continue to suffer to this day from the devastating effects of that evening,’’ Manning said.

Her team was dealing with claims from three Afghans – two from the village of Khak Khuday Dad and one from the village of Naik, both in Baghlan Province.

Rodney Harrison QC who is working with Manning and Richard McLeod, said the team sought the judicial review of the Government’s decision to refer the case to the chief of the Defence Force. It was he who decided not to stage an inquiry into Operation Burnham.