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


















