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Iraq: Prosecution of Trooper Williams

House of Lords written statement – made at on 7 April 2005.

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Photo of Lord Goldsmith Lord Goldsmith Attorney General, Law Officers' Department, Attorney General (Law Officers)

I refer to my Written Statement of 7 September 2004 (Hansard, col. WS 70) in which I confirmed that the Metropolitan Police had, on the advice of the CPS charged Trooper Williams with the murder of Hassan Said on 3 August 2003 in Ad Dayr in Iraq. Trooper Williams is a member of 2nd Royal Tank Regiment.

This matter was referred to me by the Director Army Legal Services on behalf of the Adjutant General, following discussions with the Chief of General Staff and the Commander in Chief (land) in March 2004 after the commanding officer had "dismissed" the charges against Trooper Williams. The matter could not, because of the action of the commanding officer, be dealt with by way of court martial. It was referred to me to consider further action.

On 6 May 2004 I referred this matter to the CPS for it to consider whether a prosecution should be instituted against Trooper Williams. The CPS asked the Metropolitan Police for assistance in collecting further evidence.

The CPS, reviewing the evidence in accordance with the Code for Crown Prosecutors, advised the police to charge Trooper Williams with an offence of murder.

The CPS has a continuous duty of review in accordance with the Code for Crown Prosecutors. It has now decided that there is no longer sufficient evidence to found a realistic prospect of conviction. The CPS has today offered no evidence against Trooper Williams.

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