Tue 21 Dec 2004


Anger over MoD's Challenge to Unlawful Killing Verdict

By Simon Evans, PA

Veterans reacted with anger tonight after the Ministry of Defence announced it will challenge the unlawful killing inquest verdict on the death of an RAF serviceman who underwent lethal nerve gas tests.

Defence minister Ivor Caplin apologised to the family of Leading Aircraftsman Ronald Maddison but said his department would be seeking a judicial review on the verdict reached last month.

Mr Maddison, from Consett, County Durham, died aged 20 after having droplets of sarin dabbed on to his arm at Porton Down chemical warfare testing facility on Salisbury Plain, Wiltshire, in 1953.

Winston Churchill’s government ordered the initial inquest, which reached a verdict of misadventure, to be held in secret.

But after years of campaigning, an inquiry was launched by Wiltshire Police in 1999 and in 2002 Lord Chief Justice Lord Woolf granted permission for a second inquest, which began in May this year.

The jury returned a verdict of unlawful killing on November 15.

Despite announcing that a judicial review was being sought, Mr Caplin said claims for compensation would be looked on “favourably”. But news of the MoD’s intention to appeal was greeted with a barrage of criticism from veterans.

Former RAF serviceman Ken Earl, 71, of Maidstone, Kent, who underwent the same sarin test as Mr Maddison, said he was “horrified” at the MoD’s challenge.

“I’m flabbergasted that they could even think about it – it’s unbelievable,” he said.

“The inquest sat for six months, 64 days in court, over 4,000 documents, more than 100 witnesses. The jury came back with a unanimous verdict after just five hours but the MoD cannot accept it.

“I’m horrified they could even consider this.“

Mr Earl said he sat in the same chair inside a gas chamber that Mr Maddison occupied two days later.

Former Royal Navy serviceman Eric Gow, 69, from Merseyside, who underwent tests at the base in January 1954 and now runs the Porton Down Veterans Support Group, said: “After the verdict was recorded, the Maddison family would have expected not to have to continue fighting.

“It’s such a shame that they have to. In fact the shame lies with the Government.“

He added: “It’s an absolute waste of taxpayers’ money. It just does not appear to be in the MoD’s vocabulary to say sorry.”

Mr Caplin said in a written statement: “I wrote yesterday to solicitors acting for the Maddison family apologising for the fact the Ministry of Supply employees at the Chemical Defence Experimental Establishment at Porton Down, Wiltshire, proceeded with a test involving Ronald George Maddison on May 6, 1953, which led to his death.

“This was undertaken notwithstanding the fact that an identical test on May 4, 1953 resulted in an adverse blood test reaction in one serviceman.

“The MoD has not received a formal claim for compensation from the next of kin of Mr Maddison. However, any claim for compensation from his family would be considered favourably on the basis of the negligence referred to above.

“The MoD intends to challenge by way of judicial review the inquest verdict of unlawful killing.”

Alan Care, the lawyer who represented the Maddison family at the inquest, was unavailable for comment.