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Mother of injured British soldier hits out at Iraqi boy's record £2million compensation claim
By BEN CLERKIN and NICK McDERMOTT -
Last updated at 16:02pm on 15th April 2008

The mother of a horrifically injured British soldier has attacked plans to award a paralysed Iraqi boy £2million in compensation.

Diane Dernie, the mother of Doncaster soldier Ben Parkinson, said the pay out dwarfed many of the claims given to injured UK troops and showed the Army 'is not fit to look after its own'.

Despite losing both his legs and suffering 37 other injuries during his time in Iraq, Lance Bombardier Parkinson, received just £285,000.

The soldier, who was travelling in Helmand Province when his Land Rover was blown up, spent three months in a coma and is thought to be the most injured soldier ever to survive.

Fighting for justice: Diane Dernie with husband Andy. She said the payout showed the Army 'was not fit to look after its own'

The 23-year-old received the maximum payment from the Armed Forces Compensation Scheme.

But lawyers believe he would have received £3million in a civil court case. They are using a legal fighting fund raised by Daily Mail readers to challenge the rules.

Mrs Dernie said: "It's not that we don't think that anyone deserves compensation if they are shot, but it's hard to see why the Ministry of Defence can give all this money to non-military personnel but doesn't see fit to look after its own.

"As time goes on we at the sharp end can see how little the £285,000 will stretch.

"It all goes back to the same old story - there's money for civilian workers who threaten to sue, but for those in the Armed Forces injured, they try to get rid of them as quickly and as cheaply as they can."

Mrs Dernie spoke on the day it was revealed that an Iraqi teenager is to receive a £2million payout after he was accidentally shot by a British soldier.


The youngster, who cannot be named for legal reasons, suffered severe spinal injuries which left him paralysed.

Last night, here were fears among opposition MPs that the case could open the way for further large compensation claims by Iraqis.

But the Ministry of Defence insisted the case was a one-off and rejected comparisons with the Armed Forces Compensation scheme.

Injured British service personnel and their families have complained that the fund only offers a maximum lump-sum payment of £285,000 as well as a lifetime income.

The injured boy has been receiving treatment in Britain since the accident in 2004.

He was shot when a soldier - one of a group he had befriended - dropped his rifle, pulling the trigger by mistake as he reached to catch the gun.

Compensation: The £2m paid out to the Iraqi teenager dwarfs the £285,000 given to Paratrooper Ben Parkinson who is the most severely wounded British soldier to survive

An MoD source source said it was a "tragic accident". He added: "The youngster was shot in the stomach and then into his spine.

"He received massive injuries and will need a lifetime of care. The soldier should have had the safety catch on his gun."

A civil claim was brought through the British courts with the final settlement still awaiting a further High Court hearing.

The huge payout is a result of the MoD admitting that the shot which injured the bioy was a "negligent discharge".

But Liberal Democrat spokesman Vince Cable warned that the payout could lead to a spate of claims from Iraqis injured by British troops.

He said: "The Government claim that this is a completely unique case, but it is very difficult to believe that this is the case.

"If Iraqi civilians were able to get access to British courts, they would clearly be entitled to much higher levels of compensation based on this precedent, and the costs of that could be very very considerable indeed."

The award is far higher than anything paid to Iraqis who made compensation claims against the British through the Iraqi courts.

Before today, just £1,340,000 has been paid to civilians who have been injured or had property destroyed by British forces since 2003.

Cash settlements are paid to cover things like doors broken down by soldiers, bombed houses or injuries caused by British bullets or bombs.

An area claims officer first assesses damage and then takes guidance from an Iraqi judge to set the level of compensation.

The compensation paid to the Iraqi teenager dwarfs the £285,000 paid to Paratrooper Ben Parkinson who was described by doctors as the most severely-wounded British soldier ever to survive.

The Army has fiercely denied the claims by solicitors acting for five Iraqi men who are suing the Ministry of Defence for alleged brutality.

Human rights lawyer Phil Shiner likened the alleged killings to Japanese atrocities during the Second World War. Statements from the group released by the solicitors claim they heard Iraqi civilian prisoners being tortured then shot or strangled.

He and fellow solicitor Martyn Day have urged the Attorney General to hand the case over to Scotland Yard for investigation because the Royal Military Police were "not fit for purpose". They have also demanded a public inquiry.

Mother of injured British soldier hits out at Iraqi boy's record £2million compensation claim | the Daily Mail