A FORMER SOLDIER SUFFERING FROM INOPERABLE CANCER

A FORMER SOLDIER SUFFERING FROM INOPERABLE CANCER TRIGGERED

BY HIS EXPOSURE TO RADIATION DURING THE 1950’S A-BOMB TESTS ON

CHRISTMAS ISLAND HAS WON THE RIGHT TO SUE THE BRITISH GOVERNMENT.

IT IS NOW ESTIMATED THAT UP TO 1,000 SIMILAR ACTIONS WILL

FOLLOW.

MR MELVYN PEARCE, 49, WHO WAS A LANCE CORPORAL IN THE ROYAL

ENGINEERS BETWEEN 1957 AND 1959, IS SUING THE SECRETARY OF STATE

AND THE MINISTRY OF DEFENCE.

MR PEARCE, WHO IS SUFFERING FROM LYMPHOMA (CANCER OF THE

LYMPH GLANDS) AND OTHER CANCEROUS ILLNESSES WAS UNAWARE HIS ILLNESS

COULD BE ATTRIBUTED TO RADIATION UNTIL HE SAW BBC’S NEWSNIGHT

PROGRAMME IN DECEMBER 1982 DEALING WITH THE AFFECTS OF EXPOSURE TO

RADIATION.

THE GOVERNMENT, REPRESENTED BY MR ANDREW COLLINS, QC,

DENIED LIABILITY.

MEMBERS OF THE ARMED FORCES WERE PREVENTED FROM SUING THE

CROWN FOR INJURIES, HE SUBMITTED.

MR PEARCE, OF DARK LANE, BLACKWELL, BRISTOL, WAS ON CHRISTMAS

ISLAND BETWEEN DECEMBER 28, 1957, AND OCTOBER 28, 1958.

DURING THE

COURSE OF HIS DUTIES HE WITNESSED SEVERAL NUCLEAR EXPLOSIONS ON THE

ISLAND.

HIS DUTIES INCLUDED WORKING ON A REFRIGERATION UNIT USED IN

CONNECTION WITH NUCLEAR TESTING, THE COURT WAS TOLD.

‘WHILE HE WAS ON THE ISLAND HE ATE LOCAL FRUIT AND PRODUCE AND

SWAM IN THE SEA OFF THE ISLAND,’ SAID HIS COUNSEL MR JOHN MCDONALD,

QC.

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CENTRAL/A-BOMB 2

MR PEARCE MAINTAINS HE WAS NOT WARNED OF THE DANGERS OF

RADIATION.

TWENTY YEARS AGO THE FIRST SIGNS OF HE EFFECTS OF EXPOSURE

SHOWED THEMSELVES.

MR PEARCE DEVELOPED A SKIN RASH IN 1966 WHICH

BECAME SEVERE IN 1970.

IN JULY, 1978, HE WAS ADMITTED TO HOSPITAL SUFFERING FROM A

TUMOUR AFFECTING VARIOUS INTERNAL ORGANS.

HE UNDERWENT EXTENSIVE CHEMO-THERAPY AND RADIO-THERAPY OVER

THE NEXT FEW YEARS.

IN 1981 HIS HEALTH DECLINED FURTHER AND HIS

THYROID GLANDS BECAME SO BADLY EFFECTED THE CANCER WAS IN-OPERABLE.

THE COURT HEARD.

‘HE IS A VERY SICK MAN WHOSE CONDITON IS WORSENING ALL THE

TIME,’ SAID MR MCDONALD.

THE JUDGE SAID UNDER THE CROWN PROCEEDINGS ACT THE

GOVERNMENTT WERE NOT LIABLE FOR INJURIES CAUSED TO MEMBERS OF THE

ARMED FORCES IF THE VICTIMS WERE ON ANY POPERTY OR LAND OR USING ANY

EQUIPMENT BELONGING TO THE ARMED FORCES OR SUSTAINED INJURIES IN

SERVICE.

BUT THE JUDGE FOUND THAT DID NOT APPLY IN MR PEARCE’S CASE

THE GOVERNMENT WAS NOT DIRECTLY RESPONSIBILITY AT THAT TIME – BUT

THE ATOMIC ENERGY AUTHORITY WAS.

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CENTRAL /A-BOMB 3

MR PEARCE, WHO WAS TOO ILL TO ATTEND THE HEARING, WAS SAID TO

BE THE VICTIM OF ‘A LACK OF CARE’ BY ATOMIC SCIENTISTS.

‘IN THIS CASE THE THING SUFFERED BY THE PLAINTIFF WAS THE

OMISSION ON THE PART OF THE ATOMIC ENERGY AUTHORITY TO PROTECT HIM

AGAINST RADIATION,’ SAID THE JUDGE.

.

‘HE SUFFERED BECAUSE OF CONTINUING ACTS OF OMISSION BY THE

SCIENTISTS.

‘

THE GOVERNMENT WAS GRANTED LEAVE TO APPEAL IN THE HOUSE

OF LORDS.

OUTSIDE COURT MR PEARCE’S SOLICITOR, MR MARK MILDRED, SAID THE

FINDINGS IN THE CASE WOULD APPLY TO ‘MANY MANY OTHERS’ WHO HAD

CONTRACTED ILLNESSES AS A RESULT OF THEIR INVOLVEMENT IN NUCLEAR

WEAPONS TESTING.

ENDS