Sick ex-soldier Ken McGinley bids to sue Ministry of Defence

Sep 21 2008 By Marion Scott

A WAR veteran used as a guinea pig in secret nuclear tests has been granted his day in court.

Ken McGinley, 70, blames the Ministry of Defence for leaving him seriously ill and unable to have children after being exposed to huge doses of radiation.

If he and nine other ex-soldiers win their test cases at the High Court in London in January, they will sue for damages.

Ken, of Johnstone, Renfrewshire, was 19 when asked to watch five nuclear blasts on Christmas Island in the Pacific Ocean in 1958.

Within days the Royal Engineers sapper had lost the use of his right leg and a year later was discharged as medically unfit.

He had a skin disorder and internal bleeding when he came home. He married but was found to be sterile.

Ken also developed the rare blood disease polycythemia - but the Government used the controversial Rule 22 to order his doctors to keep it secret when he applied for a war pension in the 80s.

He will produce papers in court proving the MoD ordered the cover-up of his medical records.

Ken only saw his full records after taking his pension appeal to the European Commission of Human Rights 12 years ago.

They show polycythemia was diagnosed in 1983 but he was not told or treated.

Ken has spent 30 years campaigning for the vets sent to witness dozens of bomb tests over Christmas Island and Maralinga, Australia, between 1952 and 1967.

Ken said: "I'm delighted to have been chosen as one of the test cases after spending decades fighting on behalf of the 22,000 other servicemen who were sent to take part in this barbaric experiment.

"There are only 3000 of us left now and who knows the devastating effects the exposure to radiation has done to future generations of our children? We simply want the British Government to tell the truth after years of lies and cover-ups."

His lawyer, Ian Anderson, said: "It was only in front of the European Commission that the UK Government were forced to admit they edited Ken's medical records."

Neil Griffiths, of the Royal British Legion of Scotland, said it was the first case he had heard of Rule 22.

He added: "This has extremely sinister overtones when the government you are suing for exposing you to conditions which affect your health has the power to withhold medical conditions."

The MoD said: "Elements of medical records are only withheld from an individual during an appeal process in exceptional circumstances, for example where they are unaware of a prognosis."

'We want Government to tell the truth after years of cover-ups' War vet Ken McGinley

SUNDAY EMAIL

m.scott@sundaymail.co.uk