Posted on 04/06/2006 1:24:56 PM PDT by Alouette
Coroner's jury decides James Miller, who was fatally shot by IDF soldier in Gaza-Egypt border area while filming documentary, was murdered
A British filmmaker fatally shot in Gaza by an IDF soldier was murdered, a coroner's jury decided Thursday.
James Miller, 34, was shot in the neck by an IDF soldier in the Gaza-Egypt border area of Rafah in May 2003 while filming a documentary about the impact of violence on children in the region.
The coroner, Andrew Reid, told the 10-member inquest jury at King's Cross Coroner's Court that an unlawful killing verdict was the only one they could reach.
"Based on the evidence laid before us, we the jury unanimously agree it was unlawful shooting, with the intention to kill Mr. James Miller. We can come to no other conclusion than that Mr. Miller was indeed murdered," the jury concluded.
"It's a fact that from day one to this inquest the Israeli authorities have not been forthcoming in the investigation into the circumstances surrounding Mr. Miller's death."
Miller's widow, Sophy, wept as the verdict was read.
Reid had told the jury that Miller had either been murdered or was the victim of manslaughter, but that the law drew no distinction.
"The evidence is that there was only intentional firing in this matter but ... it is a matter for you that although the firing was intentional, it might have had an unintended consequence in killing Mr. Miller," Reid said. "But in law that still amounts to unlawful killing."
The British foreign office minister reacted to the verdict, saying: "The verdict of unlawful killing does not come as a surprise to me. The British Government has consistently pressed the Israelis at all levels to carry out a thorough and transparent investigation into James' killing. We are disappointed that the Military Police investigation did not recommend an indictment and that no-one has been held to account for James' death. We continue to support the family’s request for compensation."
The hearing had lasted three days and heard testimony from Miller's widow, members of the film crew that were with him in Gaza and British police who investigated his death.
“Israel has been uncooperative with the Metropolitan Police in that they haven't allowed us access to interview soldiers and witnesses," Detective Inspector Robert Anderson testified Thursday.
Instead, Metropolitan Police had to rely on evidence from previous IDF interviews, and reports from the pathologist and ballistic experts, Anderson said.
Anderson said there was no evidence Miller, a father of two, posed a threat to the Israeli army at the time of the shooting, or that there had been any Palestinian fire directed at the soldiers' position.
He said there was no rational explanation that could prevent a conclusion being drawn that the fatal shot came anywhere other than from the IDF position.
An IDF officer who was commanding the unit at the time of the incident was cleared by a court martial last year of charges of illegally using his weapon.
Miller's father: Verdict an epic milestone
While military prosecutors could not prove that the officer killed Miller, they said he fired in contravention of standing rules of engagement.
Miller's widow and the British government have protested the acquittal.
"James was shot by someone who was deliberately murdering him, not by someone of a national army which was upholding the law of a national state," Sophy Miller said outside the court.
"If there is no punishment, it fosters a climate of impunity and more people are killed."
The dead man's father, Colonel Geoffrey Miller, said the verdict was "an epic milestone, but it doesn't bring closure."
"We still want to see justice and the Israelis must be held to account," he said.
What's not mentioned here is that the IDF soldier accused is a Bedouin Arab.
This ruling in the UK has just as much value as a similar verdict issued from the 9th Circuit at the instigation of Craig and Cindy Corrie.
Warning! This is a high-volume ping list.
2. What was the Miller's position on Israel's right to exist prior to the shooting? I think I know the answer to that.
3. Do British reporters always try to sue members of the military when they get shot or just when they get shot by the IDF?
Articles on Israel can also be found by clicking on the Topic or Keyword Israel.
..................
From the PBS version.
APTN footage shows Miller and his crew emerging from the Palestinian home in which they'd been filming and approaching an armored Israeli bulldozer. They could be seen waving a white flag and could be heard identifying themselves, in English and Arabic, as journalists. In addition, Miller and his crew were wearing clothing that identified them as members of the press. Eyewitnesses claim Miller and his crew were fired upon, without warning, as they approached the armored bulldozer while attempting to identify themselves as journalists. Moments later, Miller lay on the ground. APTN footage of the incident backs up the eyewitness accounts. James Miller died from a gunshot wound to the neck.
Israeli army spokesperson Captain Jacob Dallal told the Israeli newspaper Ha'aretz: "Our forces (had) found a tunnel at the house in question when an antitank missile was fired at them. They shot back at the source of the attack. ... James Miller was apparently hit during that exchange. The Israeli military expresses sorrow at a civilian death, but it must be stressed that a cameraman who knowingly enters a combat zone, especially at night, endangers himself."
Daniel Seaman, the director of the Government Press Office in Israel, told the Associated Press, "It's a split-second judgment, whether or not to shoot. I prefer that in situations like that, they shoot, because I prefer that there will not be a dead soldier."
Looks like the British forgot that since 14 May 1948 they have no longer any jurisdiction in their former Mandate.
Also from Haaretz: "" The crew's Palestinian translator was waving a white flag lit with a flashlight."
Thus, the incident took place during night time.
The film maker came out of a house carrying a camera. During a situation when a shoulder fired missile had been fired against the Israelis...
Go figure.
A sad incident, but when you move into a war zone this is what can happen.
BWAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHA!
Thanks. I needed that
First, the UK court admits that Miller was not the intended target, merely that the soldier fired his weapon on purpose. Automatically, that is manslaughter - not murder.
Second, the court does not dispute that Miller was shot at night while he was interposing himself in a situation that he knew to be a military operation. That automatically mitigates any claim to manslaughter, because Miller intentionally placed himself in harm's way.
This verdict cannot be regarded as a legitimate verdict, but as a political stunt - something UK courts are supposed to be far above.
Important safety tip: Incoming fire has the right of way.
The whole point of this finding is not obviously not about rationality - it is create grounds for a lawsuit by the impecunious Mr. Miller's surviving relatives against a wealthy and unpopular target: the State of Israel.
You want to run with the big dogs you risk being bitten.
These leftist pussies think they should be allowed to hang with hostiles and be shown deference by an assaulted force in a life threatening environment...?
"Really? A Brit court convicts an Israeli for something that happened in Israel?"
This was an inquest, not a trial. No-one has been convicted of anything.
Just a point: One should consider the possibility that the verdict is not so much a result of antisemitism as the inability of British courts, media and a sizable part of the British public to understand the realities of war and warlike situations.
Compare this ase with the case of the British paratrooper Lance Corporal Lee Clegg who on patrol in west Belfast in September 1990, shot and killed two joyriding teenagers in a car speeding through an army road block.
Initially, Lance Corporal Clegg was convicted of murder and sentenced to life imprisonment. At a later trial (1995) he was cleared of murder but convicted of a lesser crime. Since he had already served 4 years in prison he was released, and reinstated in the Army. However, it was not until 2000 he was finally cleared on all counts.
PC run amok!
At night??? He comes out of a home that is under attack? At night? In a War Zone? And expects what? A lei around his neck?? His last bad decision.
At night??? He comes out of a home that is under attack? At night? In a War Zone? And expects what? A lei around his neck?? His last bad decision.
SJackson: "APTN footage shows Miller and his crew emerging from the Palestinian home in which they'd been filming and approaching an armored Israeli bulldozer. They could be seen waving a white flag and could be heard identifying themselves, in English and Arabic, as journalists."
A white flag is not a shield. In a war zone, you are supposed to stay where you are with the white flag - with both hands empty and up - unless specifically instructed to move. This moron brought this upon himself.
hmm. How many "Asians" were on the jury?
The decision was made by a "10-member inquest jury at King's Cross Coroner's Court."
Any Brits know the ethnic makeup of King's Cross?
http://www.blacklondon.org.uk/member/kingcrossproject.htm
Oh, bother! We'll think of the old chap when we see a digestive biscuit!
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.