army did say that the soldier would be disciplined for violating the rules of engagement and for changing his account of the incident. It did not elaborate. Heib was subjected to a disciplinary hearing before Brigadier General Guy Tzur, head of the IDF Southern Command. Despite advice from the Israeli Military Advocate General that he be disciplined for breaching the rules of engagement, illegal use of weapons, and misconduct during the investigation, he was cleared of wrongdoing. Military prosecutors appealed the acquittal, but he was cleared in a second hearing as well. Heib was subsequently promoted from First Lieutenant to Captain. Miller's family expressed disappointment at the decision. His widow Sophy said, "Nothing can express our outrage that, waiting for two years and putting our faith in a system which has now failed to deliver, we still have prosecutors who suspect and continue to suspect a commanding officer and who will only bring disciplinary measures because of an initial flawed investigative process. The truth will come out and we hope the Israeli judicial system will mete out justice. This investigation does not serve the IDF, decent Israeli citizens, us, his family, and, above all, James." British Foreign Office Minister Baroness Symons said she was "dismayed" by the decision. "I deeply sympathize with James' family, who have worked so hard to secure justice for James. The British government will continue to raise James's case with the government of Israel." The Metropolitan Police opened an investigation into Miller's death which was led by Detective Rob Anderson of the Specialist Crime Directorate. Anderson later told the inquest that the investigation was hampered by Israel's unwillingness to cooperate. The Metropolitan Police was refused permission to send officers to Israel and the Gaza Strip in order to visit the site of the shooting and interview soldiers and witnesses to the incident and the Israeli government did not release vital documents to the Coroner. Based on the evidence available to the investigation, Anderson concluded that Miller could only have been killed by gunfire from Israeli soldiers. Legal action against Israeli government On 2 May 2005, the second anniversary of Miller's death, his family initiated a lawsuit against the Israeli government. The family charge that the Israeli army did not act with reasonable caution when troops opened fire on Miller, who was holding a white flag. Miller's widow Sophy said the family was determined to find justice