Iraq ‘witch hunt’ lawyer could face charges

Prosecutors asked to look at allegations of fraud by solicitor who brought complaints against soldiers

PHIL SHINER, the disgraced human rights lawyer, could become the only person charged in connection with historic abuse claims over the Iraq War, The Daily Telegraph can disclose.

The National Crime Agency said yesterday it had passed files to prosecutors for “investigative advice” as part of a lengthy inquiry into Mr Shiner over allegations of fraud.

It came in the same week that military prosecutors announced it was “quite possible” that “zero” charges would be brought against Iraq war veterans. Thousands of criminal complaints against British troops had been brought by Mr Shiner on behalf of Iraqi civilians. But many of those claims are now subject to scrutiny by the NCA, the British equivalent of the FBI.

Last night, Sir Michael Fallon, the former defence secretary, said: “Phil Shiner has never really apologised and it is now time that he did. He has never shown any remorse for the misery that so many veterans and their families have suffered for years.”

The NCA has been investigating Mr Shiner, 63, once the UK’S most feted human rights lawyer, since 2017 after complaints were made over millions of pounds of legal aid received by his firm Public Interest Lawyers and over allegations that Iraqi civilians were bribed to bring abuse claims against soldiers.

The NCA is seeking guidance from the Crown Prosecution Service on the direction of its investigation and any prospect of bringing charges against Mr Shiner. In a statement, the NCA said: “In 2017, material relating to Mr Philip Shiner and the law firm he was associated with, Public Interest Lawyers was referred to the National Crime Agency from both the Solicitors Regulation Authority and the Legal Aid Agency.

“The NCA investigation remains ongoing, and the NCA has submitted an initial case file to the Crown Prosecution Service for investigative advice. We continue to work with the CPS to establish whether there is sufficient evidence of any criminal offences, in accordance with the Code for Crown Prosecutors.”

Complaints against Mr Shiner were made by the Legal Aid Agency, which paid his firm millions of pounds in legal aid for his clients, and the Solicitors Regulation Authority, which brought professional misconduct charges. Mr Shiner was accused of leading a “witch hunt’ after bringing thousands of criminal complaints against UK troops to the Iraq Historic Allegations Team (Ihat), which was shut down in 2017 with just a handful of cases still being investigated by a smaller unit.

This week, Andrew Cayley QC, director of service prosecutions, disclosed just one case was still being investigated but that it was “quite possible” there would be “zero” charges brought against troops. Although at an early stage, it is now possible that the only person who might be charged in connection with the Iraqi abuse claims is Mr Shiner.

Major Robert Campbell, who was investigated by Ihat for manslaughter over the death of a young Iraqi man who drowned in 2003 before being told no charges would be brought, said: “Phil Shiner has caused untold misery to thousands of innocent soldiers for his own political and financial ends.

“The experience of Ihat nearly killed me. It was very nearly the death of me and it’s still not over.”

The NCA is understood to be working with liquidators, who are picking their way through the financial collapse of Public Interest Lawyers. PIL folded in 2016 after being stripped of legal aid funding. It has debts of £6.3million owed to 70 creditors, including £150,000 owed to the taxman. Most creditors are human rights barristers owed money for legal advice. It is understood the NCA is investigating legal aid payments made to PIL and allegations that bribes or sweeteners were paid to Iraqis to bring historic abuse claims against British troops.

Stratford Hamilton, a partner at PCR and joint liquidator of PIL, said: “Various avenues of investigation are ongoing to ensure the best possible recovery for creditors but in order not to prejudice those investigations I am unable to comment further at this time.”

The NCA is seeking guidance on whether there is a prospect of charging Mr Shiner. If he was charged with fraud he could face a jail term of up to 10 years. Sources stressed the complex investigation could take two more years.

Mr Shiner was struck off for dishonesty in February 2017, and declared himself bankrupt a month later. He declined to comment this week.

‘He has never shown any remorse for the misery so many veterans and their families suffered for years’