Newly released emails show that Ministry of Defence officials and government lawyers knew troops had been exposed to radioactive fallout during nuclear tests but never admitted it in court, according to a Mirror investigation.
Whistleblowing Report Sent to Treasury Solicitor
Senior officials at the Treasury Solicitor's department were sent a whistleblowing report in November 2014, just three weeks after a judge had ordered fresh hearings. However, the data was never shared with the court. The case failed two years later over 'insufficient evidence' that servicemen were exposed.
Campaigners anticipate an announcement in Parliament on Tuesday about the results of a two-year review into missing medical records and human experimentation in what has become known as the Nuked Blood Scandal.
Widow's Reaction
Anna Smith, whose husband Barry died in 2009 of pancreatic cancer linked to radiation, said: 'It's evil. It's perverting the course of justice. There's no moral compass. We spent years in court, the grief and the burden of it, the solicitors who spent hours fighting on our behalf, and it was a waste of time. And all these people knew. Why didn't they say?'
Barry Smith was sent to Christmas Island by the RAF in 1959 to cut the hair of troops involved in decontamination. He later developed pancreatic cancer but died before the MoD would agree to a hearing. His widow's claim was rejected on grounds he had never been in a contaminated area.
Evidence of Fallout
In March, the Mirror revealed how two whistleblowers found evidence of fallout in the main camp at Christmas Island, where the MoD had always denied there was any risk. The fallout was found in fish, rainwater, seawater and the air after a series of thermonuclear blasts codenamed Operation Grapple.
Emails obtained under Freedom of Information show an early version of their report was sent to a desk officer at the war pensions agency Veterans UK on November 27, 2014. He spotted the official position on 'zero' fallout had changed and asked: 'Is this of significance with regard to our current defence? Should I be bringing this to the attention of lawyers etc.'
A line manager at the Atomic Weapons Establishment replied that he had 'undertaken a review', and as a result the official denials did 'not accurately represent the totality of this original data'. He refused to discuss it further over email, asking for an in-person meeting.
Email Chain
The email was forwarded by the desk officer to his boss, then to senior civil servants in the MoD, including assistant heads of department, medical advisors, and senior policy officers considering war pensions and armed forces compensation. It was then sent to the Treasury Solicitor's department 'for advice', with the whistleblowing evidence attached. In all, nine MoD staff had the email.
Less than a month earlier, an appeals judge had allowed the veterans to go back to court, finding that there may be a 'reasonable doubt' about fallout. He also urged the government to consider sharing classified records that would establish the truth. The report was only found after a tip off, and was kept in draft format on an internal server.
Legal Action
Oli Troen of law firm McCue Jury, which is acting for the veterans, said: 'These documents should have been disclosed during live legal proceedings and the fact they were not is deeply concerning. We have reported this matter to Thames Valley Police as we believe it may constitute the offence of perverting the course of justice, and we have urged the Prime Minister to take swift action to investigate it.'
The emails were shown to ministers in March, but no action has been announced.
A MoD spokesman said: 'This government is committed to working with veterans and listening to their concerns. The document referred to is an unfinished draft and never finalised. It was not tasked by the AWE or MoD and as such, is not a formal company record.'
