Express & Star

Fallen soldier's mother: I have to fight in memory of my son

The mother of a Stafford soldier killed by friendly fire in Iraq is now crowd-funding her battle against the MOD after being denied legal aid.

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Beverley Clarke, the mother of Trooper David Jeffrey Clarke, has been fighting to bring what would be landmark legal action against the government ever since her son's death in 2003.

Nineteen-year-old David, a former Weston Road High School student who was planning to marry his childhood sweetheart, died when his Challenger II tank came under fire from fellow British troops.

More than a decade later, Mrs Clarke has now been denied legal aid on financial eligibility grounds after taking on a low-paid shop assistant job.

Trooper David Clarke's mother Beverley looks at her son's name on the Stafford War memorial

As a result, she is looking to raise around £5,000 through online crowd-funding. Mrs Clarke, who moved from Littleworth in Stafford to Bournemouth three years ago, has taken to the Crowd Justice website in order to help cover her legal bills, which could rise to £35,000 or more if she loses.

Click here for more information on Beverley Clarke's crowd-funding campaign

"I am not doing this for money, I am doing this for closure," she said. "I feel I owe it to David to get to the bottom of this. My son died instantaneously, was not married and had no children. He was doing what he loved and had always said he wanted to do.

"My lawyers tell me that damages are available but financial compensation is very low in these circumstances. I could lose my home if this doesn't work out. I just need closure on this so I can move on.

"I have come this far but having my legal aid taken away from me is a major problem and I need the help of the public to get this done. What happened to David should not happen to anyone and I want to make sure it doesn't happen again."

Mrs Clarke says the aim of her battle is to 'ensure the MOD is not immune from legal blame for death or injury caused by friendly fire'. She claims the MOD did not take reasonable steps to train and prepare British troops.

She has already tried and failed for a public inquiry into her son's death but, in 2013, a new high court ruling meant that ordinary UK citizens could bring a case to trial before the High Court to reasonably protect members of the armed forces who were engaged in conflict abroad. It was then decided that legal aid should be extended for Mrs Clarke to take her case to trial. But this may now not go ahead after she took a shop job to comply with welfare laws that oblige benefits claimants to look for work.

How the Express & Star covered the tragedy in 2003

Nathan Roughton of Public Interest Lawyers, who are representing Mrs Clarke, said of her situation: "Recent changes to legal aid policy have effectively removed all financial means, other than charitable donations, from ordinary working people to access justice, particularly in ground-breaking cases of public importance."

Mrs Clarke added: What I, with the help of my legal team, am trying to achieve by using the law is to create a legal obligation for the armed forces to adequately train all recruits before combat and to be accountable to the victims and families when training has not been good enough. This will affect every Armed forces' recruit and change the way the Armed forces operate. My case for change seeks to ensure that all recruits have as much protection as possible, gained from a legally binding obligation of adequate training before fighting begins and also as the best practical means to significantly reduce tragic incidents of 'friendly fire' in combat."

Trooper Clarke's death was ruled as 'unavoidable' at an inquest.

The MOD declined to comment.

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