A 2006 inquest into Terry’s death found that he was killed by a bullet to the head from an M63 machine gun fired by US Marines.

The NUJ was strongly critical of the US authorities at the time of the inquest and the contempt they showed for the British legal process. They failed to co-operate with the inquest, refusing to send witnesses and editing video material of the shooting.

Making today’s announcement, the Head of the Counter Terrorism Division at the CPS, Sue Hemming, said: “There is insufficient evidence at the current time to establish to the criminal standard the identity of the person who fired the bullet that killed Mr Lloyd.

“There is also insufficient evidence in relation to the chain of command to establish if there was any person responsible for the chain of events that led to the death of Mr Lloyd.”

Commenting on today’s decision, NUJ General Secretary, Jeremy Dear, said: “The CPS should be ashamed of itself for backing away from this issue so completely.

“To suggest that Mr Lloyd was in some way responsible for his own situation by not wearing a helmet or bullet proof vest is insulting. He had received injuries from both Iraqi and American bullets but the fatal shot came from an American soldier whilst Terry was being transported in a makeshift ambulance.”

“Terry was killed because he was trying to do his job. The CPS has failed to secure justice for Terry, his family or his colleagues. It’s disgraceful that the CPS has shied away from taking in action in this case.

Ms Hemming concluded that: “Having considered all the evidence gathered by UK Authorities and the evidence from the US, together with advice from counsel, we have decided there is insufficient evidence for a prosecution.

“I understand that this will be very upsetting news for the family and friends of Mr Lloyd but I can reassure them that every care was taken in pursuing lines of inquiry and reviewing the evidence.”

 

28 July 2008