US to co-operate with inquiry

The United States Government has agreed to hand over evidence and documents to an inquiry examining claims Special Air Service soldiers were responsible for Afghan civilian deaths.

Drone and helicopter footage is likely to be key evidence in the Operation Burnham government inquiry. But the Defence Force has previously said the US had refused to release material, because it is not declassified.

Inquiry chairs Sir Terence Arnold and Sir Geoffrey Palmer have also ordered the Defence Force to disclose all documents relating to the controversial 2010 Afghan raids, detailed in the book Hit and Run ,by the end of February.

It was revealed last week that there are more than 17,000 papers, of which only 324 have been provided.

The Ministry of Defence has also been asked to hand over relevant information by January 18, with other government departments given a deadline of December 14.

The inquiry is due to finish in April but is likely to be extended.

An new interim ruling also means the identity of SAS soldiers involved in the raids will be kept secret. Other sensitive witnesses will be allowed to stay anonymous and have been given the cyphers P49, P50, P51 and P52.

Sources spoken to by the book’s authors, Nicky Hager and Jon Stephenson, will also be allowed to remain anonymous.

The chairs have also banned the publication of the names of the 15 Afghan citizens injured in the raids.

Last week lawyers for the villagers of Khak Khuday Dad and Naik said they would launch court action to force the US Defence Force to hand over the evidence.

In their minute, Sir Terence and Sir Geoffrey wrote: ‘‘We have advised that the United States has given consent for its material to be released to the inquiry.’’

But they have yet to gain access to evidence ‘‘owned’’ by ISAF, the Nato-led security force.

Hit and Run detailed three raids by SAS soldiers in 2010 in Tirgiran Valley. The authors said six civilians – including a 3-year-old girl – were killed and 15 injured, and the events were later covered up by the military. The book alleges the Kabul-based soldiers were motivated by revenge on insurgents for the death of Kiwi Lieutenant Tim O’Donnell, who was killed two weeks earlier.

The Defence Force maintains the book contains errors. It also wants the inquiry to be held behind closed doors to protect vulnerable witnesses and top secret intelligence. The inquiry held public hearings last week as it decides if the public will be allowed to watch proceedings and hear evidence.

The investigation is examining three operations. Objective Burnham took place on August 21 to August 22, 2010. Objective Nova was a return operation to the Tigiran Valley on October 2 to October 3, 2010. The transfer of insurgent leader Qari Miraj by the SAS to the Afghan National Directorate of Security is also under scrutiny.

It is also considering the Defence Force treatment of reports of civilian casualties, and the rules of engagement.