Villagers’ lawyer ‘has more details’
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, lawyer Richard McLeod said that the villagers were alleging 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 New Zealand Defence Force (NZDF) during Operation Burnham,’’ he said.
The new information related to various claims in a Defence Force media release, and at a press conference, by the Chief of Defence Force Lieutenant-General Tim Keating.
The lawyer would be in a position to 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 troops had not operated in the two villages identified by authors Nicky Hager and Jon Stephenson in their book Hit And Run – Naik and Khak Khuday Dad – while Operation Burnham took place in a village 2km 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 but the Special Air Service (SAS) members on the ground only fired two bullets which killed one unnamed insurgent.
Any footage of the raid, which might be released, should be dealt with respectfully. Lawyer Richard McLeod
But he accepted there may have been civilian casualties caused by an equipment malfunction on a United States helicopter which accidentally fired on a house containing civilians and insurgents.
He had viewed the raid footage. The SAS followed ‘‘exemplary’’ process and a legal adviser with them 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.
‘‘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 by drip-feeding information through the media.’’
He called for any footage of the raid, which might be released, to be dealt with respectfully given it may contain material that might be traumatising for relatives of those killed or injured.
Labour leader Andrew Little said there were still grounds for inquiry into the allegations, despite the forceful rebuttal by NZDF. ‘‘I think for the sake of their reputation and New Zealand’s reputation, we still need to know what the facts are and we still need that independent inquiry.’’
It would be ‘‘pretty disturbing’’ if Hager and Stephenson had given the wrong names or locations.
Keating is open to an inquiry but has questioned the legal basis for one.