The parents of 21 year-old Argyll and Sutherland HIghlanders’ Lance Corporal Andrew Craw are to sue the Ministry of Defence (MOD) over his death on 7th January, 2004. The MOD has recently been legally declared liable under human rights legislation for men under its care, regardless of where in the world they serve.
Lance Corporal Craw was part of an advance party posted to southern Iraq much earlier than expected. They were equipped with new Belgian-made Minimi machine guns on which they had received no training. Within hours of landing after two consecutive nights of sleepless travel, the party was driven to a desert firing range for training. Exhaustion was such that several soldiers reportedly fell asleep during the journey.
Lance Corporal Craw’s gun jammed. He then allegedly kicked it to clear it. A bullet was discharged, fatally injuring ghim as it travelled through his hand to his heart. His parents dispute that he would have kicked the gun and the evidence remains unclear.
The party had no proper field communications and no medical or ambulance unit had been assigned to the exercise. It took 90 minutes for medical assistance to be summoned.
Last night a spokesman for the MOD said that they were considering the writ from Mr and Mrs Craw, indicating that their lawyers claim Lance Corporal Craw’s death was not covered by the Human Right Act. The case is expected to make legal history in testing the MOD’s liability under the Act.








