Major faces legal threat over eighth Iraq inquiry
Wounded veteran cleared seven times is told he may be taken to court as he says he won’t attend IFI hearing
AN ARMY major facing his eighth investigation into the death of an Iraqi 15 years ago is being threatened with legal action over his refusal to take part.
Major Robert Campbell, 45, has told the Iraq Fatality Investigations (IFI) inquiry he will not attend and is refusing to give evidence. He said he has been investigated and cleared of wrongdoing seven times over the drowning of 19-year-old Said Shabram. He gave a statement to Royal Military Police (RMP) more than a decade ago and does not want to go through the ordeal of giving further evidence.
Major Campbell, who has been awarded medals for gallantry, suffers from post-traumatic stress disorder and suffered serious injuries serving in Afghanistan, which forced his retirement from the military.
But Sir George Newman, the senior judge who heads IFI, has warned Major Campbell he could be taken to court if he refuses to give evidence. In a letter sent to Major Campbell on Sir George’s behalf, an IFI official wrote: “I should point out that the Inspector [Sir George] has the power to apply to the High Court to compel the attendance of witnesses.” The official added: “But he has no reason to believe that in this case it will be necessary to do so.”
The official then requests Major Campbell “confirm your willingness to make yourself available to attend our offices in Central London and to arrange a time and date for the progression of the investigation”.
It continues: “Sir George is anxious that there should be no delay in the taking of evidence for this Investigation.”
Major Campbell said last night: “They are threatening me with legal action. But I don’t believe they have the power to compel me to do anything. I am not going to participate. I have given my statement and this has been investigated seven times. It has been pored over by prosecutors who have said there is nowhere to go with this. This is a completely false allegation from start to finish.”
Shabram died in May 2003, prompting an initial manslaughter inquiry by the RMP that ended with Major Campbell and two other men from the Royal Engineers being told they faced no further action. But a series of other inquiries followed, including an investigation by the Iraq Historic Allegations Team (Ihat) that concluded last year.
The Service Prosecuting Authority ruled that the three men should not be charged, with authorities finding “clear evidence of collusion” among some witnesses who “lacked credibility”. Ihat was forced to shut down as a result
‘This has been investigated seven times … This is a completely false allegation from start to finish’
of the furore over huge payments made to Phil Shiner, a solicitor struck off for dishonesty after he brought more than 1,000 criminal complaints made by Iraqis to Ihat.
IFI, which was set up in 2013, conducts investigations into suspicious deaths already examined by Ihat. It is similar to an inquest and does not make findings of criminal or civil liability. IFI declined to comment last night on whether it intended to go to the High Court to compel the soldiers to attend the inquiry.
Johnny Mercer, the Conservative MP and former Army captain who chaired a parliamentary inquiry into Ihat, said: “I never envisaged a day where George Newman or the MOD arrests and forces wounded servicemen and women to attend yet another inquiry into what happened in Iraq.
“The whole thing is a feeble disgrace, and I am ashamed it is happening when my party is in Government.”