MOD claims nuclear vets too old to remember what happened in court case

By Susie Boniface, sundaymirror.co.uk 22/06/2008

Defence chiefs are trying to wriggle out of paying nuclear test veterans compensation - by claiming they are now TOO OLD to remember what happened.

The ridiculous claim is being made by Ministry of Defence lawyers defending a multi-million-pound lawsuit alleging negligence.

A court document says the ageing vets' memories are "fatally and irrevocably eroded".

Last night veterans reacted with fury to the "offensive" and "insulting" claim.

Dennis Shaw, 71, who spent a year on Christmas Island, said: "If it wasn't so disgusting I would laugh - they're claiming we're senile.

"My memories are crystal-clear. I remember I was a fit and healthy 21-year-old, and now I have 30 per cent lung function, my daughter has a crumbling spine, and my grandson has two sets of teeth."

Around 22,000 UK servicemen were sent to Australia and the South Pacific to witness hundreds of blasts from 1952 to 1967.

The 3,000 who survive say they are plagued by cancers and rare illnesses.

Their children are 10 times more likely to have birth defects and leukaemia in their grandchildren is six times normal.

New medical evidence proves their DNA was permanently damaged, and the veterans are using that to sue for compensation.

But the MoD will argue at a hearing in January the claims came too late. Their lawyers say: "The passage of half a century has fatally and irrevocably eroded the cogency of the evidence, in particular because test participants' memories have inevitably faded."

Many MoD staff who could give evidence have died, they say, and add: "Those who survived cannot be expected to recall events with anything like as much clarity or confidence as if these claims have been brought earlier.

"Accordingly, the defendant will contend that it would not now be just or equitable to lift the procedural time bar to permit these very old claims to proceed."

Last night veteran Derek Fiddaman said: "Having had more than 200 carcinomas cut off me I can assure you, pain concentrates the memory. This tactic is par for the course with the MoD - it's what we expect from arrogant, ignorant idiots."

Ken McGinley, 69, made sterile and now missing most of his stomach, said: "I remember every detail.

"As though anyone could forget a nuclear explosion. It's an appalling attempt to delay the moment they have to admit they treated us like guinea pigs, and left us to rot."