Terry Lloyd however was, whilst lying wounded in a makeshift ambulance travelling away from US forces. 
February 11, 2007
Twelve soldiers named in Terry Lloyd killing
Robert Booth, Jon Ungoed-Thomas and Michael Smith
BRITAIN faces a diplomatic row over its failure to bring to justice the American troops who “unlawfully killed” ITN journalist Terry Lloyd in the Iraq war.
Despite the refusal of American and British officials to identify the US marines, lawyers and investigators acting for his family have uncovered the names.
They are to be handed to Lord Goldsmith, the attorney-general, in an attempt to force him to bring criminal proceedings.
The move follows an inquest last October that ruled Lloyd had been unlawfully killed in March 2003 when he was shot in the head while being evacuated near Basra in a makeshift ambulance.
Despite a three-year campaign by ITN and Lloyd’s family, the troops did not give evidence at the inquest and have never been named. It has also emerged that Geoff Hoon, the former defence secretary, failed to disclose British troops were key witnesses.
The family’s action comes amid claims the government has effectively colluded with Washington in failing to reveal the full facts of “friendly fire” incidents.
It was claimed last week the Ministry of Defence had conspired with American forces to conceal the truth over the death of Lance Corporal of Horse Matty Hull after leaked footage from a cockpit video revealed a catalogue of blunders.
Sources close to Lloyd’s family confirmed this weekend that the dozen soldiers in the US unit involved — Red Platoon, which is part of Delta Company, 1st Tank Battalion, 1st Marine Division — have all been identified.
Delta was headed during the invasion by Captain Greg Poland. He is not believed to have witnessed the incident, but has said his men thought they were possibly under attack from suicide bombers.
Hussein Osman, Lloyd’s Lebanese interpreter, was also killed, while Frederic Nerac, a French cameraman, is also presumed dead, although his remains have never been found.
This weekend, David Mannion, the editor-in-chief of ITV News, said: “At least one member of that platoon fired into the back of a makeshift ambulance in which Terry was lying badly injured, but alive.
“This van was moving away from the battle space and was clearly of no threat. The bullet that killed him was an American bullet fired by a member of Red Platoon. The coroner regarded that as unlawful killing.
“The Lloyd family are not seeking vengeance, they are simply seeking to find out what happened, and if there is case for someone to be brought before the justice system, then that should happen.”
It is understood that Louis Charalambous, the lawyer acting for Lloyd’s widow Lynn, is to pass the names of those involved to the British authorities.
On the morning of March 22 2003, a few days after the American invasion of Iraq had begun, Lloyd set off towards Basra with Osman and his two cameramen, Nerac and Daniel Demoustier. Riding in two Mitsubishi Pajero SUVs with “TV” written on the hood and door in black tape, the ITN crew was hoping for an exclusive on the Iraqi army surrendering at Basra.
As the vehicles approached the city, Lloyd realised some Iraqi forces had not yet given up. Soldiers were posted on a bridge and others were in pickups.
Lloyd’s vehicle made a U-turn, but was caught between a line of American M1 Abrams tanks and the Iraqi forces. There was little chance of escape as both sides opened fire. Lloyd was hit by Iraqi gunfire.
Demoustier, now based in Belgium, said last week: “We heard firing and my front windshield was shattered. I ducked down beneath my steering wheel and when I looked up a few seconds later I saw the whole dashboard torn up and bullets flying through the car.
“Terry was already out of the car. My whole roof was on fire because the petrol I kept on the roof was burning. I ended up in the desert between the tanks and the Iraqi vehicle that was now burning.
“I could hear the tanks and lots of noise from the other side where there were wounded crying and shouting. That is where Terry probably lay, wounded. A Red Cross ambulance arrived and took away wounded. But every time I tried to move, the tanks fired again at me. It went on for more than half an hour.”
ITN executives did not dispute the Americans were within their rights to open fire in the initial exchanges. There was, however, fury that they then fired on the “ambulance” carrying Lloyd.
It is now known four British special services soldiers witnessed what happened. Their existence was initially kept quiet by the MoD.
Stewart Purvis, former chief executive of ITN, said that he wrote to Hoon asking for any relevant information. Hoon wrote back, but never told him about the British soldiers.
When the MoD was asked if any of its soldiers were in the area, it said it had provided all available information. “They never mentioned the British military presence,” said Purvis.
As ministers faced questions in parliament about the attack, the MoD agreed to ask the military police to conduct an inquiry.
It was the military investigators who established a key witness was a member of the British special forces, who later gave evidence at Lloyd’s inquest.
After Andrew Walker, the Oxfordshire assistant deputy coroner, ruled that Lloyd had been unlawfully killed, his widow said those responsible should be brought to justice. “This was not a friendly fire incident . . . it was a despicable, deliberate, vengeful act,” she said.
Walker has written to Goldsmith and Sir Ken Macdonald, the director of public prosecutions, recommending a criminal inquiry. He described US military statements on the killings as “self serving” and “unsatisfactory”.
Johan Van der Vyver, professor of international law at Emory University, Atlanta, said America was not a signatory to the International Criminal Court so it would not be possible for the UK to pursue a case under the Geneva conventions or humanitarian law. He said the British could investigate the possibility of extradition proceedings but the most likely prospect would be to urge the Americans to reopen their own investigation.
The Crown Prosecution Service is studying the case files. Goldsmith will make a final decision on any legal action. A Pentagon spokesman said an investigation into the incident was completed in May 2003 and concluded that US forces followed “applicable rules of engagement”.
http://www.timesonline.co.uk/tol/new...cle1364707.ece