Law firm could face second probe over troops witch-hunt WITCH-HUNT AGAINST OUR HEROES
CAMPAIGNERS are calling for solicitors to face a new hearing on charges of wrongfully hounding troops after it emerged that one of three panellists hearing their case thought they were guilty on 12 counts.
Law firm Leigh Day and three of its solicitors were cleared of a string of misconduct allegations following a disciplinary hearing.
They were charged by the Solicitors Regulation Authority (SRA) after the Ministry of Defence submitted a lengthy dossier of alleged wrongdoing, including claims they caused innocent troops years of torment. The Solicitors Disciplinary Tribunal (SDT) found the firm and its solicitors not guilty of more than 20 charges last month.
But it has emerged that one of the three members of the panel, Richard Hegarty, a senior partner at a law firm, believed they were guilty in relation to 12 of the allegations.
A document published on the SDT’s website states on the record that Mr Hegarty ‘dissented with the majority’ in respect to the dozen charges.
A source close to the inquiry said: ‘This is believed to be the first time the SDT has ever made explicit that a panel member disagreed with the panel. This is unprecedented.’
The document lists the charges and panel decisions. When referring to Mr Hegarty’s disagreement they are marked ‘not proved by majority’.
The lawyer disagreed that it was ‘not proven’ that partner Martyn Day, Sapna Malik and the firm acted dishonestly. It was the most serious charge they faced and could have led to them being struck off.
Mr Hegarty also thought that Mr Day and Miss Malik lacked integrity.
The allegations against Leigh Day and its solicitors centred on claims alleging the mistreatment of men held following a clash known as The Battle of Danny Boy in May 2004. These were made despite an inquiry finding the most serious claims of murder and torture were ‘entirely false’ and the product of ‘deliberate lies’.
Among the charges was that solicitor Anna Crowther improperly destroyed a translation of a document that revealed those captured were fighters for the Mahdi Army militia. She was found not guilty of the charge – but Mr Hegarty disagreed with the other two panellists.
Several charges also related to what were said to be ‘improper fee-sharing arrangements’ between Leigh Day and an Iraqi agent, another area in which Mr Hegarty dissented.
The full judgment is due to be published next month, and the SRA is expected to appeal. It would be for the High Court to decide whether to grant a hearing.
Nigel Kelsall, of UK Veterans One Voice, a group that works on behalf of troops, described the news of Mr Hegarty’s disagreement as ‘fantastic’ and added: ‘It gives us hope this is not over and done with and there should now be a retrial.’
Former defence minister Julian Brazier said: ‘Mr Hegarty’s dissenting views make for interesting reading.
‘I think many in the Armed Forces and among their supporters will hope his opinions are taken careful account of at the appeal.’ Leigh Day declined to comment.