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19/04/2005
MoD wins right to challenge Porton Down case
The Ministry of Defence (MoD) has been granted permission to challenge the verdict of an inquest into the death of an RAF serviceman who participated in nerve gas tests in the 1950s.
Twenty-year-old Ronald Maddison, from Co Durham, died in 1953 following a test in which sarin was dabbed onto his arm at the Porton Down government research facility in Wiltshire.
An inquest into Leading Aircraftman Maddison’s death, which was held in secret in 1953, returned a verdict of death by misadventure.
However, a second inquest in the serviceman’s death was ordered in 2002 by the High Court, and it returned a verdict of unlawful killing in November last year.
The MoD challenged the verdict, claiming that coroner David Masters had been “wrong in law” to leave a verdict of “unlawful killing by reason of unlawful act manslaughter” open to the jury.
At the high court today, Mr Justice Collins granted permission for the MoD to challenge the verdict and said that the case had raised points “which it would be impossible to say are not arguable.” However, he added: “That is not to say the claimant (MoD) will succeed.”
Mr Justice Collins said that the permission for the legal challenge would not come into effect until May 20, giving Maddison’s family the chance to decide whether or not to oppose the decision.
(KMcA/GB)
Twenty-year-old Ronald Maddison, from Co Durham, died in 1953 following a test in which sarin was dabbed onto his arm at the Porton Down government research facility in Wiltshire.
An inquest into Leading Aircraftman Maddison’s death, which was held in secret in 1953, returned a verdict of death by misadventure.
However, a second inquest in the serviceman’s death was ordered in 2002 by the High Court, and it returned a verdict of unlawful killing in November last year.
The MoD challenged the verdict, claiming that coroner David Masters had been “wrong in law” to leave a verdict of “unlawful killing by reason of unlawful act manslaughter” open to the jury.
At the high court today, Mr Justice Collins granted permission for the MoD to challenge the verdict and said that the case had raised points “which it would be impossible to say are not arguable.” However, he added: “That is not to say the claimant (MoD) will succeed.”
Mr Justice Collins said that the permission for the legal challenge would not come into effect until May 20, giving Maddison’s family the chance to decide whether or not to oppose the decision.
(KMcA/GB)
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