Coroner records verdict of unlawful killing at Check Point Blue 25 Inquest

Coroner David Riddley records verdict of unlawful killing for all 5 military personnel killed by an Afghan National Policeman at Check Point Blue 25.

On Friday 20th May 2011, HM Coroner for Wiltshire & Swindon, David Riddley, determined at an Inquest that all 5 military personnel killed inside Check Point Blue 25 on 3rd November 2009 were unlawfully killed, whilst on active service in Afghanistan.

Hilary Meredith Solicitors represented the family of Corporal Nicholas Webster-Smith, a Royal Military Policeman, who was tragically killed inside a Check Point known as Check Point Blue 25.

Check Point Blue 25 housed members of the Royal Military Police (RMP), 1st Grenadier Guards and Afghan National Police (ANP). Members of the RMP and 1st Grenadier Guards worked alongside the Afghan National Policemen to train and mentor them through the Embedded Partnership (EP), which is central to the governments exit strategy.

Prior to the incident on 3rd November 2009, one member of the ANP at Check Point Blue 25 had been acting suspiciously including being heard playing Taliban music on his mobile phone, refusing to wear his ANP uniform, refusing to go on patrol and fulfil his other daily duties and more worryingly had been seen so ‘high’ on drugs whilst on duty at a sentry position, that he “could not walk straight” and had further sexually assaulted British Forces, these latter incidents being breaches of security. Reports were made regarding the individual prior to the incident, however, the reports did not reach senior colleagues and the individual was not removed from the Check Point. 

On 3rd November 2010, Corporal Webster-Smith and his colleagues had been out on a routine patrol. Upon their return, Corporal Nicholas Webster-Smith, Warrant Officer 1 Darren Chant, Sergeant Matthew Telford, Corporal Stephen Boote and Guardsman James Major relaxed on a step inside the Check Point. They were not wearing body armour or carrying pistols.

Whilst relaxing, the same member of the ANP who had been acting suspiciously walked in front of the men and opened fire with a machine gun, resulting in the deaths of the 5 service personnel and seriously injuring a further 2 men.

The Coroner heard sworn evidence from a number of soldier eye-witnesses and also from Brigadier Cowan, Commander of Task Force Helmand during Operation Herrick 11 and Lieutenant Colonel Walker, the Battle Group Commander.

Evidence heard during the Inquest highlighted not just problems with the ANP at Check Point Blue 25, but theatre wide problems with the ANP including; drug addiction, reluctance to follow orders, sexual abuse to local children, heavy handedness with locals, infiltration by the Taliban and corruption.

During the Inquest, Lieutenant Colonel Walker was referred to a statement that he had made to the author of Bomb Hunters, a book published earlier this year where he had said; “Three legs of the stool were the International Security and Assistance Force [ISAF], the ANA and the ANP. We knew that we would have to work with them if we were going to be successful in Nad-e Ali and if we wanted to make real progress. What I didn’t know when we arrived was that one of the legs of the stool, the police, was rotten, rotten to the core.”

At the conclusion of the Inquest Coroner David Riddley exercised his powers under Rule 43, to make recommendations to the Minister of State for the Armed Forces in respect of concerns he had following the incident. These included;

-       Clarification regarding the recommendation made by Lt. Colonel Walker following this incident to carry side arms,

-       An update as to whether or not current guidance is updated to take into account incidence involving ‘rogue’ attacks involving UK Forces and IASF Partners in Afghanistan.

There have been numerous incidents involving Afghan National Policeman and Afghan Nation Army personnel turning ‘rogue’ killing UK and ISAF partners across theatre.

-       July 2010- Afghan National Soldier kills 3 British Soldiers and wounded 4

-       August 2010- ANO kills two Spanish Policeman and an Interpreter

-       November 2010- Afghan National Soldier kills 6 American trainers

-       February 2011- Afghan Soldier hills 3 German Soldiers and wounds 6

-       May 2011- ANO shoots and kills 2 members of NATO-led coalition training ANP

-       April 2011- Afghan pilot kills 9 Americans in base at Kabul Airport.

Barrister David Knifton was instructed by Hilary Meredith Solicitors.

Solicitors for the Webster-Smith family were Senior Partner Hilary Meredith and Trainee Solicitor Amy Wilmott of Hilary Meredith Solicitors.

This article was written by Amy Wilmott of Hilary Meredith Solicitors.