THE Ministry of Defence says it will not object to a new inquest being held into the death of a young airman who died after being tested with a nerve agent at Porton Down, Wiltshire's top secret chemical warfare centre.
It made the announcement at the High Court after lawyers representing Wiltshire Coroner David Masters asked for the new hearing.
They made the application on the grounds that the original inquest into the death of RAF mechanic Ronald Maddison had not been told of previous problems encountered with other volunteers before his death.
Mr Maddison, 20, died when the poison Sarin was applied to his clothing during an experiment 49 years ago at Porton Down.
Ian Burnett QC, who represented Mr Masters, said his application for a new inquest was also backed by Mr Maddison's surviving family who were anxious for an inquiry to be held.
The family's own counsel, Gerwyn Samuels, said his clients would be putting in evidence on the "public interest test" which the High Court must apply before deciding whether to reopen the case.
MoD barrister Jason Beer said the ministry did not oppose the application to quash the misadventure verdict, but might wish to assist the court on some evidential matters. Lord Justice Brooke agreed the case should be listed for judicial review in November.
Mr Burnett said Mr Maddison, had died after being exposed to Sarin in liquid form. He was one of a number of service-men who volunteered to take part in experiments on the effects of nerve agents at Porton Down. Many believed they were taking part in tests to try and find a cure for the common cold.
Some of the experiments involved placing Sarin liquid on to the clothed and unclothed skin of volunteers. In Mr Maddison's case, Sarin was applied to clothing on his forearm.
On May 6, 1953, 200mg of Sarin was applied. Despite intensive efforts at resuscitation, he died.
The original inquest returned a verdict of misadventure, but Mr Master's lawyers say the presiding coroner was not told the extent of problems encountered by other volunteers.
Wiltshire police, headed by Det Supt Gerry Luckett, recently held an investigation into Mr Maddison's death, the result of which lead Mr Masters to believe he had not given informed consent to the experiment.
There were also grounds for believing those running the experiments were aware of the risks in what they were doing. The original inquest is said to have been insufficient by Mr Masters, and it is now up to the High Court to decide whether it is in the interests of justice for a new inquiry to be convened.
At least four men from Wiltshire were among the human guinea pigs used at Porton Down. Ken Earl, a former medical orderly at Wroughton's RAF hospital said he was exposed to nerve gas two days before Mr Maddison's death.
Former Royal Navy Cook Len Brigginshaw, of Swindon, has been given a clean bill of health. The cases of two other men Ted Anns, from Cricklade, and Eric Hatherall, of Highworth are being looked into.
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