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Family welcome moves to allow soldiers’ inquests to take place in Scotland

Family welcome moves to allow soldiers’ inquests to take place in Scotland

The family of a Dundee soldier killed in Afghanistan have welcomed plans to allow inquests into the deaths of military personnel to take place in Scotland.

Joan Humphreys’ grandson Private Kevin Elliott was killed while on foot patrol in Afghanistan two years ago. The Black Watch soldier was just 24.

Pte Elliot and Clackmannanshire-born Stuart Millar both died in a rocket-propelled grenade attack in the Babaji district of Helmland Province in August 2009. The pair were serving with The Black Watch, 3rd Battalion, The Royal Regiment of Scotland and were on their first tour in Afghanistan.

Nearly a year later, a coroner ruled they had been unlawfully killed.

Mrs Humphreys (67) said allowing inquests to take place nearer to home will make it easier for Scottish families to cope with the loss of their loves ones by reducing the distances grieving families have to travel.

Currently all the inquests into military deaths take place at Coroners’ Courts in England, meaning the families of Scottish military personnel often have to travel hundreds to miles to attend inquests into the deaths of their relatives.

This could change next year as legislation could be brought into force that will allow fatal accident inquiries into overseas military deaths to take place in Scotland.

”Obviously, it will be a good thing,” said Mrs Humphreys. “We have to go down to somewhere near Salisbury and although they pay for next of kin, I had to pay my own way, for train fares and accommodation. It worked out very expensive.

”Kevin’s inquest took place nine months after he was killed, so the grieving process was extended. If they had them in Scotland it would not be so far to travel and maybe they could be done a bit quicker.”

Mrs Humphreys added: ”I think it will make things easier for people it would certainly have been easier for me and the rest of the family. It would make a huge difference if they were held in Scotland.”

The move was revealed by the Ministry of Justice to Labour MP Frank Doran, who had raised the issue on behalf of his constituents Diane and Walter Douglas, whose son died in Iraq.

Lance Corporal Allan Douglas (22) was shot dead by a sniper while on patrol in Al Amarah in January 2006.

Under the new proposals, the secretary of state would, if consent had been given by the next-of-kin, ask the lord advocate to hold a fatal accident inquiry into the death of a Scottish serviceman or woman.

Currently, some bereaved families have had to wait two years for a coroner to carry out an inquest in England.

The body would have to be repatriated to Scotland for the fatal accident inquiry.

Mr Doran said: ”From contact with two of my constituents who lost their son in Iraq, I know how difficult and stressful it is to wait, often for years, for an inquiry and to have to travel to the south of England to the Coroner’s Court under the current system.

”I hope that there are no further delays in bringing this legislation into force.”

Mr Doran said he has received ”assurances” from the Ministry of Justice, which is liaising with the Scottish Government and the Lord Advocate, that the legislation will be brought in to force in 2012.

The Scottish Government said it is in the process of reaching an agreement to hold fatal accident inquiries in Scotland with the Ministry of Justice, the Ministry of Defence, the Crown Office and the Procurator Fiscal Service.