Shot Film-maker's Family Doubt Israeli Payout Claims

The family of a British film-maker shot dead by an Israeli soldier today reacted cautiously to reports that Israel had agreed to pay £1.8m in compensation ahead of a court case.

Relatives of James Miller, who was killed five years ago, said reports of the deal could be a "ruse" by the Israeli authorities to delay court proceedings due to start next month.

"We have grave concerns that the suggestion from the Israelis that a settlement has been reached is merely a ruse to allow the Israeli defence submission to be delayed - they have asked for an extension," Miller's family said.

"Assurances given in the past have been reneged upon or renegotiated to our detriment and therefore we must assume that our court action goes ahead on May 13 as scheduled."

Miller, 24, from Braunton, Devon, died in 2003 while making a film about Palestinian children living in the Rafah refugee camp in Gaza. He was killed as he approached an army personnel carrier while carrying a white flag to ask if it was safe to leave the area.

A 2006 inquest found he had been deliberately shot by an Israeli soldier. Despite the ruling, Israeli authorities have never prosecuted the soldier responsible for Miller's death.

A report in today's Ha'aretz newspaper said Israel would pay $3.5m (£1.8m) in compensation to Miller's family. An Israeli foreign ministry spokesman, Arye Mekel, was quoted as saying no deal had been finalized but that Israel hoped a solution would be found.

In a statement, the Miller family said: "Our civil action against the state of Israel, which begins on May 13, will be the beginning of a lengthy process to decide culpability for the killing of James. Based on our experience with the Israeli authorities over the past five years and the fact that the action will take place in an Israeli court - albeit a civil one - we do not have a great deal of confidence in a fair or just outcome.

"In the face of overwhelming evidence against Lt (now Captain) Heib, we have been advised that the state of Israel intends to invoke controversial 'act of war' legislation as their defence."

Initially, the Israeli army suggested Miller had been killed by Palestinians. Ballistic tests carried out on behalf of Miller's family showed that Israeli troops killed him.

The military advocate general ordered an investigation into the killing and, after a long inquiry, it was decided in March 2005 not to press criminal charges against those responsible because of insufficient evidence. The commander of the Israeli force involved faced disciplinary proceedings for illegal use of firearms, but was exonerated.

At the time the Israeli army expressed its sorrow for Miller's death and said "the entry of photographers into war zones during exchanges of fire endangers both sides". However, according to eyewitnesses, there had been calm in the area at the time of the shooting.