Chris Smyth
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A mission behind Taleban lines in Afghanistan that claimed the lives of two British soldiers was held up for an hour because of confusion over which rules of engagement were being used, an inquest heard today, in a muddle that the coronor said would have "put lives at risk".
Following a two-day inquest, a verdict of unlawful killing was recorded on Sergeant Craig Brelsford and Private Johan Botha, who were shot dead last September during a fierce night time firefight behind enemy lines, described as "Operation Certain Death" by one surviving soldier.
Major Jamie Nowell, who led the mission, told his air support to open fire on four militants spotted in a trench. But he was then informed via radio that they were operating under different rules of engagement that only let them fire in self-defence.
"I could not understand how it had happened," Major Nowell told an inquest in Trowbridge, Wiltshire. He said his mission were under '429 A' rules allowing them to engage identified enemy, but the men in the air were on "Card A", which allowed them to fire only when under attack.
"Eventually the aircraft was put on 429 A put it took 60 minutes. The opportunity to engage the Taleban was lost," he said. One of Major Nowell's platoons came under heavy Taleban fire shortly afterwards, although he added that while the mix-up "dented the confidence of commanders on the ground", it had "no real impact" on the overall operation.
David Masters, the Wiltshire coroner, said however that the confusion would have "put lives at risk", adding: "It seems to me fundamental that those being asked to deal with an operation like this should be on the same rules of engagement. That should be known from the outset."
The wait prevented the mission taking advantage of the "element of surprise", he said. “It meant a delay in the impetus of the operation. That is of concern to me. By the time it was in place the movement of Taliban couldn’t be discovered again so there was no air attack.”
Sergeant Brelsford, 25, from Nottingham, and Private Botha, 25, from Pretoria, South Africa, were both serving with the 2nd Battalion, The Mercian Regiment (Worcesters and Foresters).
Private Botha died when his patrol was attacked by militants in Helmand province. Sergeant Brelsford was shot and killed as he tried to retrieve his colleague's body, and was later awarded a posthumous Military Cross for his bravery.
Three MCs and a Conspicuous Gallantry Cross were awarded during the mission to destroy Taleban vantage points, and five were mentioned in dispatches.
Captain Simon Cupples, 25, who was later awarded the CGC, described to the inquest how he had crawled through the darkness under fire, trying to locate casualties. Several other soldiers were injured, two seriously, and "a number" of the enemy were killed during the battle on September 8, 2007.
Although he pulled two colleagues to safety, Captain Cupples could not find Private Botha. He said he told Sergeant Brelsford to push on to find Private Botha's body, while he got the other two wounded men out. A few mintues later he heard a cry of "man down", he said. "All the blokes that night, they all went forward - there was incredible bravery".
The fighting was so heavy that Private Botha's body had to be left on the battlefield until the next morning.
Mr Masters also expressed concern that not all the men on the mission were equipped with night-vision goggles. Major Nowell said: “The ideal was that every soldier had their own monocular but not every soldier had them. We did not have enough for every man.”
“The impression I get is one of fear," the coroner said of the soldiers' statements about the event. "One describes the operation as ’Operation Certain Death’.”
Major Nowell said: “I’ve not heard that one.”
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