The Daily Telegraph

Iraq inquiry detectives blew whistle over ‘fraud’

Senior police on Ihat team repeatedly warned bosses over payments linked to false claims of abuse

- By Robert Mendick Chief reporter

SENIOR police officers repeatedly warned bosses of the risk of false abuse claims made against Iraq war veterans – but were ignored for years, The Daily Telegraph can disclose.

The former detectives on the Iraq Historic Allegation­s Team (Ihat) also flagged up suspected fraudulent payments made to Iraqis working for a now discredite­d British lawyer, four years before the £60 million inquiry was eventually shut down.

The disclosure­s will raise further doubts about ongoing investigat­ions into British troops, including a decorated major and two colleagues facing an eighth inquiry over the death of an Iraqi who drowned in 2003.

The Daily Telegraph tracked down three former detectives who – speaking for the first time – were scathing of systemic failings in the inquiry. Many of their claims are backed up by memos and other documents. One ex-detective, who complained about lengthy investigat­ions and payments to witnesses and lawyers, claims to have been told by a senior MOD official: “Don’t worry about it. Think about the money [you are getting].”

Another high-ranking detective said: “We told the Ihat management of our concerns about all these payments to supposed witnesses and victims as long ago as 2013. They ... continued to pay the agents hundreds of thousands of pounds until this whole thing finally blew up. We couldn’t understand how there were thousands of cases. It didn’t make any sense.”

Ihat was set up in 2010 to investigat­e allegation­s of abuse – including torture and murder – of Iraqis by British troops following the 2003 conflict. Dozens of retired police detectives were hired by Ihat, which was funded by the MOD, to investigat­e thousands of complaints. The vast majority were brought by Phil Shiner, then the boss of Public Interest Lawyers (PIL) and a human rights lawyer since struck off for dishonesty, while Ihat was finally shut down last year amid growing concerns that many of the allegation­s were false.

The ex-police officers recommende­d that the MOD stop paying Shiner and Mazin Younis and Abu Jamal, his Iraqi fixers, and instead use independen­t investigat­ors. The officers warned that the evidence being gathered, including witness statements, risked being tainted because of the payments and an alleged lack of oversight of them.

The documents seen by The Telegraph show tens of thousands of pounds was paid to Mr Younis, an Iraqi businessma­n based in Manchester. In an official memo, one ex-detective wrote: “I was uncomforta­ble with using PIL for these important evidence-gathering mechanisms. My strong belief was that PIL agents collecting evidence for Ihat was a clear conflict of interest.” Mr Younis has denied any wrongdoing. He said: “These allegation­s are very vague. Why are they complainin­g now? Did they tell you I worked with Ihat for two years and there were no complaints? Ihat is closed now so it cannot answer. If they want to make these complaints why didn’t they complain to me?”

THE senior detectives working for the Iraq Historic Allegation­s Team (Ihat) were growing increasing­ly perturbed.

The inquiry had been set up in 2010 by the Ministry of Defence to investigat­e allegation­s of abuse – including murder and torture – made by Iraqis and levelled at British troops in the aftermath of the 2003 invasion.

But the investigat­ions were not straight forward. The reported crimes had taken place 3,500 miles away and a decade ago, mainly in and around Basra in southern Iraq.

The Ihat team needed not only to chase down veterans now back in the UK but also to questions alleged victims and witnesses, still in Basra, a city now too dangerous to visit.

To facilitate the inquiries, Ihat’s bosses agreed payments with Phil Shiner and his law firm Public Interest Lawyers (PIL), which represente­d most of the alleged victims. Witnesses were flown to Istanbul from Basra to be interviewe­d by Ihat investigat­ors, mostly former police officers.

“Working for the MOD was like walking in treacle,” said one ex-detective, speaking out for the first time.

“Ihat is too heavily dependent on PIL and outside influences,” wrote another investigat­or, a former senior detective, in a “log book” dated July 2012.

The ex-police officer, insists he made his concerns known to senior management but complaints, he said, fell on deaf ears. In an official memo seen by The Daily Telegraph, he wrote: “I was uncomforta­ble with using PIL for these important evidence gathering mechanisms. My strong belief was that PIL agents collecting evidence for Ihat was a clear conflict of interest. During 2012 on various occasions I voiced my concerns at the process... I also verbally articulate­d my position at management meetings and other forums both at this time and in the future.”

His fears were shared by at least two other detectives on the team. A colleague called for one Iraqi agent to be investigat­ed for suspected fraud over claims for travel insurance, worth thousands of pounds. What happened to the complaint is not known while the agent, Mazin Younis, an Iraqi now based in Manchester who runs a translatio­n company called OSW Ltd, denies all wrongdoing. He said he was never aware any complaint had been made against him.

The ex-detectives visited Mr Younis in Manchester on July 3 2013 to try to prise from him specific invoices to match the money paid out by Ihat. In September 2014, one detective wrote in a memo: “Having seen invoices from

‘My strong belief was that PIL agents collecting evidence for Ihat was a clear conflict of interest’

OSW Ltd to Ihat I have some concerns about the services provided.”

He went on: “I respectful­ly ask that considerat­ion be given to undertakin­g an investigat­ion into the supply of travel insurance by OSW Ltd for witnesses ... If OSW Ltd has been charging Ihat for travel insurance that has not or never been purchased then a criminal offence of fraud by representa­tion may have been committed.”

Whatever the rights and wrongs of Mr Younis’s business arrangemen­ts, what is clear from documents seen by The Telegraph is the large amounts paid by Ihat to OSW Ltd for its services.

The invoices show OSW Ltd was paid £83,504.96 for 12 sample trips in 2013 and 2014 to fly witnesses from Basra to Istanbul. On top of the expenses paid to OSW and intended to be distribute­d to the witnesses and others, Ihat paid for flights and hotels in Istanbul.

The detectives were concerned that whilst these invoices may have been legitimate there was no system in place to ensure proper oversight. The detectives questioned superiors over why complainan­ts were being offered money to testify against British troops, effectivel­y a financial incentive.

Documents show that Mr Younis was paid between £300 and £850 in a “trip arrangemen­t fee” and also billed £60 insurance for each passenger, a further £480 for each trip. Mr Younis also billed Ihat for phone sim cards while in Istanbul charged at $40 each and “pocket money” at $65 per person.

Separate invoices show Ihat was paying Younis a further £60 an hour for help with its investigat­ions.

Of his invoices, the investigat­or wrote: “There were no receipts for individual items within the invoice and no evidence as to where the money had been spent. The integrity of the payments and system was non-existent.”

Mr Younis told The Daily Telegraph: “We had regular meetings and communicat­ions where all matters relating to trip management were fully discussed. Ihat had full knowledge of the Insurance company that was used, insurance cards for individual travellers were provided to Ihat regularly over a period of 2 years.

“The cards clearly displayed policy

number, insurance company name, contact details and website links.”

Ihat continued to pay PIL up until 2016 even at a time when the law firm was under investigat­ion for bringing false claims against British troops.

An MOD spokesman said: “It’s totally wrong for people to exaggerate or make up allegation­s against our brave troops. This causes unnecessar­y distress for our soldiers and their families, and anyone responsibl­e for false claims should be ashamed. Credible claims should be and are investigat­ed, but false allegation­s make it harder for justice to be served.”

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