Soldier's mother in legal challenge (From Burnley and Pendle Citizen)

Soldier's mother in legal challenge

5:29am Friday 10th July 2009

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The mother of a soldier killed in a Snatch Land Rover in Iraq is launching a legal challenge over the Government's refusal to hold a public inquiry into the continued use of the controversial, lightly-armoured vehicles.

Susan Smith, of Tamworth, Staffordshire, is applying to the High Court for permission to seek judicial review over the lack of an independent investigation.

Her 21-year-old son Phillip Hewett, a private in the 1st Battalion Staffordshire Regiment, died on July 16 2005, in a roadside bomb attack while on patrol.

Two other soldiers died in the incident. Pte Hewett, who was driving, died of his wounds at the scene while being given first aid.

Ms Smith's lawyers are expected to argue that the Defence Secretary was required to set up an inquiry by Article 2 of the European Convention of Human Rights, which protects the "right to life".

Critics contend that the Snatch Land Rover is not suitable or safe for the operations for which it has been deployed.

MoD lawyers are expected to ask Mr Justice Mitting, sitting in London, to block the application on the grounds that the inquest held into Pte Hewett's death satisfies Article 2 requirements.

Ms Smith is among at least four families who, in separate proceedings, are seeking damages against the MoD over Snatch vehicle deaths.

The claims are being brought for negligence and under Article 2 on the basis that the MoD failed to provide reasonable protection to save the soldiers' lives. They are on hold pending the outcome of this application.

The Snatch Land Rover was originally designed as a cheap and quick way of transporting troops in Northern Ireland.

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