Villagers challenge raid probe

Afghan villagers caught up in the New Zealand SAS mission Operation Burnham are taking legal action against a Government inquiry into the raid.

Human rights lawyer Deborah Manning is acting for Afghan villagers involved in the August 2010 incident, which is the subject of an inquiry being heard largely in secret.

Manning began legal action at the High Court in Wellington yesterday, applying for a judicial review of a ruling keeping most of the inquiry private. She said at a press conference she was ‘‘confused and concerned’’ about the lack of transparency.

‘‘And now we can’t continue to engage in a meaningful way, because we’re not part of this process.’’

Manning said the inquiry had become skewed in favour of the New Zealand Defence Force, which was being viewed as a victim of allegations; but she argued the real victims were the six individuals who died and 15 who were injured in Operation Burnham.

‘‘We say that when someone’s life has been taken by the state, that triggers an obligation from the Government to have an investigation into how that life was taken, and to involve the family members and next of kin.’’

She pointed out it was the first time the Defence Force and SAS had had oversight of their operations overseas and civilian deaths; something that had already happened in other countries such as Britain.

A book by Nicky Hager and Jon Stephenson, Hit & Run, in 2017 alleged six civilians died and 15 were injured, and the events were later covered up by the military.