Israeli army closes probe into Miller shooting, soldier won't be charged

Reporters Without Borders voiced outrage today at the Israeli army's decision to close the investigation into the May 2003 fatal shooting of British journalist James Miller in the Gaza Strip and to not press charges against the soldier who fired at him. "It is unacceptable that, after investigating for more than a year and a half, the Israeli army says it has not obtained enough evidence to charge the soldier who fired at James Miller and that only military sanctions will be adopted," the press freedom organization said. "We will not settle for an official reprimand or a mere administrative sanction in this case, the army must pursue its enquiries," the organization added. In a statement yesterday, the Israel Defence Forces (IDF) said "the analysis of the military police case file, in particular, the facts that are beyond dispute (…) ballistic tests and audio analyses, lead to the conclusion that the evidence available does not provide a reasonable chance for conviction as required under criminal law." The soldier concerned was questioned six times by the military police and each time gave a different account of what occurred. He admitted to violating the rules of engagement but denied firing in Miller's direction. The autopsy carried out on 8 May 2003 at the Israeli national forensic institute nonetheless established that Miller was killed by a shot fired from head on and that the bullet was of an Israeli type. The investigation's conclusions were presented to Miller's family in Tel Aviv by military prosecutor Avihai Mandelblitt. Miller's brother, John Miller, described the investigation as "incomplete." The soldier's gun was reportedly not examined by the military police until 11 weeks had gone by. "This is why we intend to appeal to a civilian court," he told Reporters Without Borders, which is supporting this initiative. Aged 34, married and the father of two children, Miller was shot dead on 2 May 2003, 16 days after he had arrived in the Gaza Strip to make a documentary for Home Box Office about the impact of the fighting on Palestinian children and the inhabitants of the Rafah refugee camp.