Lawyers hounding UK troops ‘ knew clients were murderous liars’

SOLDIERS and their families needlessly faced ‘years of torment’ because human rights lawyers ignored suspicions they did not commit war crimes, a tribunal heard yesterday.

Law firm Leigh Day pursued false allegations that British troops tortured and executed innocent Iraqis in cold blood despite holding strong evidence that the accusers were murderous, lying militia fighters, it is alleged.

Senior solicitors turned a blind eye and continued to hound Army personnel as part of a lucrative business that raked in £9.5million.

One key document showed the Iraqis were actually members of a ‘ murderous’ armed militia group and not innocent farmers, a disciplinary hearing was told. In one internal email, the firm’s founder, Martyn Day, raised concerns about the quality of the Iraqis’ evidence, dismissing it as ‘total b*******’.

It could have stopped the yearlong Al- Sweady Inquiry into claims that soldiers murdered, mutilated and abused detainees – saving the taxpayer £31million.

The allegations were among the most serious crimes ever faced by British forces. But the case fell apart when relatives admitted in March 2014 that there was no hard evidence the insurgents were unlawfully killed in UK custody, the Solicitors Disciplinary Tribunal heard.

Mr Day, Sapna Malik and the law firm face 19 misconduct charges, while fellow solicitor Anna Crowther faces one allegation. If found guilty, they could be struck off. All deny any wrongdoing.

Tim Dutton QC, representing the Solicitors Regulation Authority, said: ‘Over a period of more than seven years, Martyn Day, Sapna Malik and Leigh Day made and maintained allegations that soldiers in the British Army had murdered, tortured and mutilated innocent Iraqi civilians.

‘The allegations were false, and should never have been advanced in public. If the respondents had dis- charged their duties, British soldiers and their families would not have had to endure torment and years of worry arising from false allegations endorsed by solicitors and members of the profession, made not just in claims but to the world’s media.’

The claims followed a ferocious firefight, known as the Battle of Danny Boy, near Basra in 2004.

The Iraqis alleged UK troops executed 20 or more prisoners and mistreated nine others after the battle in revenge for the massacre of six Royal Military Policemen in 2003.

But Mr Dutton said that as early as 2004 the firm had a document that proved the nine detainees were insurgents – and failed to pass it on to anyone else for nearly a decade.

He said the paperwork made clear that the men were supporters of militia loyal to firebrand cleric Moqtada al-Sadr.

This ‘undermined their clients’ claims they were innocent bystanders. It demonstrated that they were members of a murderous militia who had ambushed British soldiers’.

The document was given to Leigh Day by Khuder Al- Sweady, the uncle of a 19-year-old Iraqi fighter who died in the clash. The firm also ignored evidence that Al-Sweady was himself a senior militant commander who was intimidating and blackmailing detainees to bring the case, the tribunal heard.

The ‘significant’ document was finally made public in 2013. Then, remarkably, a hand-written English translation was destroyed by Miss Crowther the day before it was due to be handed to inquiry officials.

Among the charges is an allegation of improper conduct at a 2008 press conference involving disgraced lawyer Phil Shiner, where ‘extreme’ claims were made that British soldiers had abused Iraqis.

Mr Shiner was struck off for dishonestly pursuing torture and murder claims against British troops.

The Leigh Day lawyers have suggested they are victims of a politically motivated campaign by the MoD, in reprisal for trying to hold British forces to account. The tribunal continues.

‘Would not have had to endure torment’