Go Back   Professional Soldiers ® > At Ease > General Discussions

Reply
 
Thread Tools Display Modes
Old 08-01-2013, 06:12   #1
JJ_BPK
Quiet Professional
 
JJ_BPK's Avatar
 
Join Date: Apr 2008
Location: 18 yrs upstate NY, 30 yrs South Florida, 20 yrs Conch Republic, now chasing G-Kids in NOVA & UK
Posts: 11,901
Victoria Cross Soldier Was 'Unlawfully Killed'

RIP L/Cpl Ashworth , Vaya con Dios..


Quote:
An inquest has found that a soldier who won a Victoria Cross for bravery in Afghanistan was unlawfully killed.

L/Cpl James Ashworth 23, of 1st Battalion Grenadier Guards, was fatally injured by his own grenade after he was hit by a Taliban bullet just as he went to throw the explosive device into an compound in June last year.

At L/Cpl Ashworth's inquest today Anne Pember, the Northamptonshire Coroner, said a post mortem had revealed cause of death as blast injuries caused by an explosion.

She recorded a verdict of unlawful killing while he was serving on operations in Afghanistan.

L/Cpl Ashworth died after crawling along being peppered with bullets to throw his last grenade at a sniper who had his team pinned down.

He was attempting to clear Taliban compounds in the Nahr-e-Saraj district of Helmand Province.

The citation for the Victoria Cross which he won postumously in March this year said the 6ft 8ins Grenadier guardsman had needed to expose himself to enemy fire to get his grenade away and in doing so he pushed himself into full view.

The inquest at Kettering Magistrates Court heard that there had been a four man Taliban sniper team that had been picking people off that the Nato forces had been desperate to neutralise.

Before he could release the grenade, he was hit in the chest by a round from another sniper.

Disabled from the bullet's blow, which hit his body armour, he was killed when the enabled grenade went off next to him.

continued:
__________________
Go raibh tú leathuair ar Neamh sula mbeadh a fhios ag an diabhal go bhfuil tú marbh

"May you be a half hour in heaven before the devil knows you’re dead"
JJ_BPK is offline   Reply With Quote
Old 08-01-2013, 06:14   #2
JJ_BPK
Quiet Professional
 
JJ_BPK's Avatar
 
Join Date: Apr 2008
Location: 18 yrs upstate NY, 30 yrs South Florida, 20 yrs Conch Republic, now chasing G-Kids in NOVA & UK
Posts: 11,901
Could someone explain why the UK does these inquest??
__________________
Go raibh tú leathuair ar Neamh sula mbeadh a fhios ag an diabhal go bhfuil tú marbh

"May you be a half hour in heaven before the devil knows you’re dead"
JJ_BPK is offline   Reply With Quote
Old 08-01-2013, 06:39   #3
Streck-Fu
Area Commander
 
Streck-Fu's Avatar
 
Join Date: Jul 2009
Location: Indianapolis
Posts: 2,086
Does this mean they are rescinding the award? I'm not sure of the point...

Was he already awarded the Cross and then the there was the inquest?
__________________
Daniel
GM1 USNR (RET)

Si vis pacem, para bellum
Streck-Fu is offline   Reply With Quote
Old 08-01-2013, 07:08   #4
JJ_BPK
Quiet Professional
 
JJ_BPK's Avatar
 
Join Date: Apr 2008
Location: 18 yrs upstate NY, 30 yrs South Florida, 20 yrs Conch Republic, now chasing G-Kids in NOVA & UK
Posts: 11,901
Quote:
Originally Posted by Streck-Fu View Post
Does this mean they are rescinding the award? I'm not sure of the point...

Was he already awarded the Cross and then the there was the inquest?
Join the crowd,,

I think they do inquest on all deaths, in this case they are using the award docs as input??
__________________
Go raibh tú leathuair ar Neamh sula mbeadh a fhios ag an diabhal go bhfuil tú marbh

"May you be a half hour in heaven before the devil knows you’re dead"
JJ_BPK is offline   Reply With Quote
Old 08-01-2013, 07:30   #5
Trapper John
Quiet Professional
 
Trapper John's Avatar
 
Join Date: Nov 2012
Location: Harrisburg, PA
Posts: 3,834
I am curious as to the terminology "unlawfully killed"? If as according to the citation and subsequent autopsy the cause of death was the explosion from his own grenade that he could not throw after being hit by a round to the chest. The manner of death was a fire fight in a war zone. So what was "unlawful" here?
__________________
Honor Above All Else
Trapper John is offline   Reply With Quote
Old 08-01-2013, 08:41   #6
rubberneck
Area Commander
 
rubberneck's Avatar
 
Join Date: Jan 2004
Location: Buckingham, Pa.
Posts: 1,746
Quote:
Originally Posted by Trapper John View Post
I am curious as to the terminology "unlawfully killed"? If as according to the citation and subsequent autopsy the cause of death was the explosion from his own grenade that he could not throw after being hit by a round to the chest. The manner of death was a fire fight in a war zone. So what was "unlawful" here?
Perhaps it was done in case one or more of the Taliban are caught on the battlefield at some later date which would allow the crown to prosecute them for murder instead of labeling an enemy combatant? It any event it seems bizarre to hold an inquest in a death related to enemy fire.
rubberneck is offline   Reply With Quote
Old 08-01-2013, 09:20   #7
Trapper John
Quiet Professional
 
Trapper John's Avatar
 
Join Date: Nov 2012
Location: Harrisburg, PA
Posts: 3,834
Quote:
Originally Posted by rubberneck View Post
Perhaps it was done in case one or more of the Taliban are caught on the battlefield at some later date which would allow the crown to prosecute them for murder instead of labeling an enemy combatant? It any event it seems bizarre to hold an inquest in a death related to enemy fire.
Is that even possible under the Geneva Convention? Now I am really confused. Perhaps one of the JAG guys could clarify. This all seems very, very odd to me.
__________________
Honor Above All Else
Trapper John is offline   Reply With Quote
Old 08-01-2013, 09:46   #8
JimP
Quiet Professional
 
JimP's Avatar
 
Join Date: Feb 2008
Location: State of confusion
Posts: 1,560
AFG is not "international armed conflict". The Muj operating there are not "privileged belligerants". They have no lawful "purpose/rationale" to kill. There is no "just war" and they are not "lawful combatants". Therefore, some muj shithead killing our guys is not privieged or immunized for warlike actions. The fact that we don't summarily prosecute these guys and then hang them from the gates of our outposts is yet another subject (that I will sidestep before my head exploedes in anger).

Doesn't seem to stop us from prosecuting our OWN guys though.....
JimP is offline   Reply With Quote
Old 08-01-2013, 10:26   #9
Trapper John
Quiet Professional
 
Trapper John's Avatar
 
Join Date: Nov 2012
Location: Harrisburg, PA
Posts: 3,834
Thank you JimP, I thought as much but wanted to here it from JAG Brother. Now The "unlawful killing" makes perfect sense. And yes, it makes me wonder why we don't just summarily hang the bastards. Would send the right message IMO.
__________________
Honor Above All Else
Trapper John is offline   Reply With Quote
Old 08-01-2013, 10:28   #10
Streck-Fu
Area Commander
 
Streck-Fu's Avatar
 
Join Date: Jul 2009
Location: Indianapolis
Posts: 2,086
But we must prosecute anyone that pisses on a dead Muj....ok, we prosecute him not for the actual pissing part but for taking pictures and having a couple leak to the press...
__________________
Daniel
GM1 USNR (RET)

Si vis pacem, para bellum
Streck-Fu is offline   Reply With Quote
Old 08-01-2013, 10:49   #11
JJ_BPK
Quiet Professional
 
JJ_BPK's Avatar
 
Join Date: Apr 2008
Location: 18 yrs upstate NY, 30 yrs South Florida, 20 yrs Conch Republic, now chasing G-Kids in NOVA & UK
Posts: 11,901
Quote:
Originally Posted by Trapper John View Post
I am curious as to the terminology "unlawfully killed"? If as according to the citation and subsequent autopsy the cause of death was the explosion from his own grenade that he could not throw after being hit by a round to the chest. The manner of death was a fire fight in a war zone. So what was "unlawful" here?
1) I think in UK law, one must get a "unlawful death" finding before you can attempt to go to trial. Not unlike our grand jury findings.

2)The UK does the inquest for all tragedies, to include war time deaths. Kinda like a sitting kangaroo court of bureaucrats??

3)They seem to relish publishing the results in all the papers with family interviews.. This is the part I do not understand at all..

__________________
Go raibh tú leathuair ar Neamh sula mbeadh a fhios ag an diabhal go bhfuil tú marbh

"May you be a half hour in heaven before the devil knows you’re dead"
JJ_BPK is offline   Reply With Quote
Old 08-01-2013, 13:12   #12
The_Mentalist
Guerrilla
 
Join Date: Jun 2013
Location: Tennessee but travel the country
Posts: 110
Quote:
Originally Posted by JJ_BPK View Post
1)

3)They seem to relish publishing the results in all the papers with family interviews.. This is the part I do not understand at all..

It is the new British hippy anti war movement.

Just like during VN when our own press started putting out pictures and death counts and started up the anti war movement. Of course, they still do it but if you noticed, they backed down quite a bit since zero has been in the White House.
The_Mentalist is offline   Reply With Quote
Old 08-03-2013, 09:20   #13
Utah Bob
Quiet Professional
 
Utah Bob's Avatar
 
Join Date: Mar 2009
Location: 11 miles from Dove Creek, Colorady
Posts: 3,924
WTF? Suppose they get into a situation and have a couple hundred KIAs? Inquests for all?
__________________
"...But if it be a sin to covet honour,
I am the most offending soul alive."
Shakespeare - Henry V
Lazy Bob Ranch
Utah Bob is offline   Reply With Quote
Reply


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off

Forum Jump



All times are GMT -6. The time now is 08:03.



Copyright 2004-2022 by Professional Soldiers ®
Site Designed, Maintained, & Hosted by Hilliker Technologies