email traffic 3 Dennis Hayden A legal path to compensation for victims of British nuclear testing in Australia

From: “Dennis Hayden” <

Dear Patrick and all addressees ,

Thank you for copy of your recent emails . The following comments are intended for the Australian Greens :

The British government made a £20 million supposedly full and final settlement to the Australian government about 20 years ago. This was to be use as compensation for those exposed to radiation at the British nuclear tests . However , due to the 1993 Treaty Series UK/ AUS agreement this money was used instead to clean up Maralinga and never paid in compensation . This money was stolen .

Lawyers acting on behalf Australian indigenous people need perhaps reminding that the prime causal link to ill health and premature deaths of the victims of the British nuclear tests is due to residual fall out radiation , not gamma released at the time of detonations ( Mr Justice Foskett – Limitation trial summary, London , June 5th 2009 ) and the genetic damage i.e the significant ( x 3 ) elevated chromosomal translocations in those exposed compared to men of similar age and habit not attending a nuclear test location [ NZ Rowland , Study 2006 ) is , in Judge Foskett’s 2009 summary, “ crucial and pivotal” to his decision to allow all 10 trial cases of limitation to proceed to full high court trial .

Foskett’s verdict on the Limitation Trial was subsequently appealed against by the UK Ministry of Defence and upheld only by a narrow, contentious 4 to 3 verdict by the law lords at the UK Supreme Court in March 2012 . This Supreme Court decision does not change the scientific facts on causation nor does it change on the evidentiary facts on genetic damage which so far have not been allowed to be presented in a court of law .

Rosenblatts the London Solicitors have at the end of 2012 made application to the European Court of Human Rights .

In view of the above , Australian lawyers should perhaps strongly consider lodging a deposition against the British Government ( and possibly the Australian Government for the misuse/theft of £20 million! ). This deposition should be considered to be directed to the International Criminal Court the Hague because of Government:

1) refusal to release radiation levels at test locations and individual doses recorded [ to enable sufficient radiation exposure to be presented in court * see below]

2) ignoring , in epidemiological and other studies, the prime causal link i.e. alpha and beta low dose , low level radiation inhaled or ingested into the body act as internal emitting irradiation destroying bodily tissue , organs, bone and induce legacy long term cell mutation ,

3) have lost and / or destroyed of military and other hospital records etc

The above to be supported by using Human Rights Declarations and other related moral and ethical Articles .

Such a deposition would create much publicity. It would place the indigenous populations and other nuclear victims in control of their fight for justice rather than allow British government lawyers to continue to mistakenly believe they are the only arbiters of the truth .

The striking out of cases due to limitation ( the elapse of time ) is now, as it was , extremely questionable. This is because since the UK Supreme Court verdict of 2012 another High Court Trial has ruled against the passage of being relevant ( in the case of 1950’s Mau Mau terrorists tortured by the British in colonial Kenya) .UK MoD’S lawyers. true to predictable form, are appealing against this verdict . Well , if you have a bottomless pit of tax payer’s money at your disposal, it may as well be used ! This is their long running and negative ethos .

With warm regards to all ,

Dennis Hayden

* the European Committee on Radiation Risk – ECRR 2009 Lesvos Declaration signed by 17 radiation experts from 10 nations Article 7 ..

“ consider it to be a human right for individuals to know the level of radiation to which they are exposed , and also to be correctly informed as to the potential consequences of that exposure .”

All the ball as usual Dennis.

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