Shocking - a crime is a crime, and saying that it was too long ago is no excuse... The Supreme Court Judgment dated 25/11/2015 can be found below. Reading paragraph 8-59 of the Judgment will tell you the facts of what happened.
The application to court is really about getting a proper inquiry/investigation done.
The government is not obliged to hold a public inquiry into the 1940s killing of 24 Malayan villagers by a British army patrol – even though it may have been a war crime – because the atrocity occurred too long ago, the supreme court has ruled.
In late 1969, some 12 years after Malaysia achieved independence, one of the Scots guardsmen, William Cootes, provided a sworn statement to the newspaper, The People, which stated that the victims at Batang Kali had been massacred in cold blood. Sworn affidavits were thereafter taken from three other guardsmen who were part of the patrol that went to Batang Kali: Alan Tuppen, Robert Brownrigg and Victor Remedios. They alleged that the deceased had been massacred on the orders of the two sergeants on the patrol, and it was suggested by some of the deponents that they had been ordered to give the false explanation that the victims had been killed when trying to escape. A further guardsman, George Kydd (who did not provide a written statement) told a reporter on The People that the Killings were “sheer bloody murder […]. [T]hese people were shot down in cold blood. They were not running away. There was no reason to shoot them”.
Supreme Court admits British troops committed ‘mass murder’ – Malaya massacre lawyer
British troops were conducting operations against communist insurgents during the Malayan Emergency when the plantation workers were killed. Photograph: Haywood Magee/Getty Images
Owen Bowcott Legal affairs correspondent
Michael Fordham QC
Danny Friedman QC
Zachary Douglas QC
(Instructed by Bindmans LLP)
Jonathan Crow QC
James Eadie QC
Jason Coppel QC
(Instructed by Government Legal Department)
Intervener (Attorney General for Northern Ireland Written Submissions Only)
Interveners (The Pat Finucane Centre and Rights Watch UK)
Ben Emmerson QC
(Instructed by KRW Law LLP)