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Iraqi family may sue MoD over bomb attack
An Iraqi family based in Britain is considering suing the Ministry of Defence after losing 10 relatives in a bomb attack in Basra.
The deaths - which included a 70 year-old woman and a four month-old baby - occurred after a house was bombed on April 5.
Imran Khan, the lawyer for the family, says the property was bombed because it was thought Chemical Ali was staying there. No trace of Saddam Hussein's top henchman - real name Ali Hassan al-Majid - was found.
Of the 10 family members who died, several were children. Mazen Hamoodi, a spokesman for the family now based in Manchester, and his brother are believed to have lost their mother in the attack.
Mr Khan said the family were considering bringing a civil case against the MoD for either alleged unlawful killing or gross negligence. He said: "We certainly think that the family or next of kin have a case."
Mr Khan said if precision bombing was used in the knowledge that innocent civilians would be killed, that amounted to unlawful killing. If the intelligence was unreliable or not checked out correctly, there could be a case for gross negligence, he said.
The lawyer says he's written to the MoD and it has acknowledged the "unfortunate collateral damage" involved in the bombing. "It was quite clear that they accepted that we are talking about the same operation," he said.
"This is not the sort of case where there is a bombing towards hostile shooting - there was no apparent reason to bomb." But the MoD did not accept responsibility for the deaths, the lawyer explained.
Mr Khan, who represented the family of murdered black teenage Stephen Lawrence, said the MoD had expressed sympathy but said nothing untoward had taken place. He now plans to write a letter before action, informing the MoD that if nothing more is heard, a civil suit and a demand for compensation will be filed.
An MoD spokesman said: "We recognise this is a difficult time for the Hamoodi family. We are confident our Armed Forces acted legally and properly on this occasion. We will defend robustly any action arising from loss caused by the conflict."
Story filed: 06:56 Thursday 30th October 2003