Minister could order firing of missiles from Leytonstone flats after agreement with local council, army chief tells high court
Residents protest against government plans to station missiles on the roof of the Fred Wigg Tower in Leytonstone. Photograph: Andrew Cowie/AFP/Getty Images
The defence secretary, Philip Hammond, could personally order missiles placed on top of a tower block in east London to shoot down an "unauthorised" aircraft approaching the Olympic Park following a secret agreement reached with the local council, one of the army's most senior officers has told the high court.
High-velocity missiles placed on the flats in Leytonstone amounted to "a goalkeeper system, as the last line of defence", according to General Sir Nick Parker, commander of UK land forces.
He revealed the nature of discussions within the cabinet and Waltham Forest council in evidence to the high court, where on Monday occupants of the flats will challenge the decision by the Ministry of Defence (MoD) to deploy the missiles.
The Fred Wigg Tower in Leytonstone is one of six locations chosen by the MoD out of 100 sites in London for their suitability in meeting "technical and operational requirements", Parker disclosed.
He added: "Following the on-site evaluation and my review, officials entered into discussions with the landowners to secure rights to use and access sites. In respect of the FWT [Fred Wigg Tower], confidential discussions with the chief executive (and through him the leader and leading councillors) of the London Borough of Waltham Forest led them to agreeing to grant a lease [of the FWT roof], on 19 April."
Parker said the plan to site the missiles in residential and built up areas was unprecedented. The deployment was approved by the cabinet's Olympics committee, which is chaired by the prime minister.
Parker warned the high court of the "dire circumstances" in which the missiles would be called upon - namely, "where an unauthorised aircraft, possibly one that has been hijacked, is making a determined approach to the park and has evaded all other forms of air defence and efforts to divert it out of the restricted airspace".
He added: "In those circumstances, where the alternative if the aircraft is allowed to proceed could result in huge loss of life in the park, [the defence secretary] has made clear he would give the order to shoot down that aircraft.
"The ability to shoot down an airborne threat using HVM [high velocity missiles], in this location, provides further options to ministers, and means that more time would be available for such a momentous decision. Ministers have been assured that shooting down a plane in such circumstances would be lawful."
Martin Howe, the lawyer representing residents from 61 of the 108 occupied flats in the tower block, said on Friday: "It is astonishing that a secret deal was done with democratically elected council leaders and council officials, for the MoD to use the roof of the Fred Wigg Tower as a missile battery and place explosives over the heads of men, women and children, without any form of consultation with them.
"The residents of the Fred Wigg Tower recognise there is a need to protect the Olympic Games, and none of them are saying that there should be no security for the Games."
"Whilst many Londoners might be surprised at the pre-authorised decision to potentially shoot down rogue aircraft over one of the most densely populated cities in the world, the issues to be decided by the court are of significant importance to the residents in Leytonstone and other sites all over London".
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