Saddam’s human shields urged to join legal case against British Airways

At least three Australians who were held as human shields by Saddam Hussein more than three decades ago have joined a fresh legal action against British Airways and the UK government.

Saddam Hussein in 1990 with Western child hostages during the Iraqi occupation of Kuwait.

At least three Australians who were held as human shields by Saddam Hussein more than three decades ago have joined a fresh legal action against British Airways and the UK government.

London legal firm McCue Jury & Partners has urged other unidentified Australians involved in the traumatic 1990 incident in which a BA plane landed in Kuwait during the Iraqi invasion, to join as claimants in the action seeking tens of millions of pounds in damages and government accountability.

The legal action began last month after previously classified information was released supporting the long held view of the passengersand crew on board BA flight 149 that they were knowingly put in danger and became “disposable collateral” because of actions by the British government.

The suspected reason for not diverting the plane from the invasion lies in who wasn’t listed on the passenger manifest: a mystery group of about 10 military men who boarded the flight at Heathrow last, sat down the back and were first off in Kuwait where they were greeted by a person in military uniform.

The wreckage of a British Airways Boeing 747-136 at Kuwait City airport after it was destroyed by Iraqi military forces in 1991. Picture: Getty Images

Documents released in 2021 by Britain’s National Archives under the 30-year rule showed that the British government had lied about its knowledge of the invasion.

A British embassy official in Kuwait, Anthony Paice, with responsibility for “political intelligence”has also come forward saying he was previously unable to talk about the accusation and injustices ­because of the Official Secrets Act.

“I am convinced that the military intelligence exploitation of British Airways flight 149 did take place, despite repeated official denials,” he told the BBC in 2021.

McCue lawyer Jack Beeston said: “The previously held line, that the government did not know about the invasion before the flight landed, was incorrect.

“Their statements over the 30 years had been wrong, the government did know about the invasion prior to BA 149 landing, but it took no action to force its diversion.”

Mr Beeston said as well as the government’s negligence, there was the second issue of malfeasance in public office.

“It is essentially that British Airways and the British government were jointly acting to exploit the flight for military or intelligence purposes,” Mr Beeston said.

The decision to land the plane for refuelling and allow the military personnel off the flight had serious and lifelong consequences for the near 400 passengers and crew.

Within an hour of the plane landing and before it could take off, the runway was being bombed by Iraqi planes.

After a stay locked in a hotel, many of the passengers and crew were then farmed out to various infrastructure projects around the country to become human shields against any Western military action for more than three months. Some hostages were starved, some raped, others assaulted.

British man Barry Manners, then 24, told The Australian of the severe trauma he suffered after being pistol whipped and twice had a gun pointed to his head while he was held hostage at the Dukan dam in Iraq’s east. On one occasion the gun was fired but the bullet whistled past his ear.

Barry Manners, left, and Roel Botani, who was an engineer in Iraq when Saddam Hussein took a planeload of passengers hostage during the invasion of Kuwait in 1990.

In 2011, in an effort to find some peace with his experience, Mr Manners returned to Iraq and found the chief of the dam, Roel Botani, who had defied the regime guards to try and provide exercise, fresh air and some comforts, such as chocolates, for the hostages. He had even ­repaired a washing machine and provided them with clothes.

“Of course, we didn’t realise at the time that he was as appalled as we were, but he couldn’t show it because he’s got the secret police breathing down his neck, living inside the town with us,” Mr ­Manners said.

Mr Botani emigrated to Sydney with his family in 2016 because of the deteriorating political situation in the country.

“Here is a family that’s genuinely fleeing for their lives and Australia, to its credit, vacuumed them up,” Mr Manners said.

“You picked up probably one of the nicest men you’re ever going to meet, who was a very talented civil engineer. And a dentist son and a midwife daughter. We’ve been in touch, obviously, you know, we stay in touch.’’

Mr Beeston said the legal ­action would ensure the British government was held to account.

“This is a British mess,” he said.

“It was the British flag carrier and the government’s alleged negligence and misfeasance which caused this. But the ramifications for people were significant. It hardship for citizens of many different countries whether they be American, French, Danish, Malaysian, Indian, Australian, and Kiwis. And that made it all the more egregious.

“It was an alleged operation carried out by the British government, which put the citizens of many other countries at risk, and so far, they have been quite successful in avoiding liability or responsibility, and that needs to change.”