Lawyers who tried to sue our troops in Iraq face prosecution

A LAW firm behind hundreds of claims that British soldiers abused Iraqis will be prosecuted for professional misconduct.

Leigh Day, one of Britain’s leading human rights law firms, faces accusations that it failed to hand over evidence and paid improper fees of £75,000 to an Iraqi agent handling alleged victims.

The firm and two of its senior lawyers could face unlimited fines and the prospect of being struck off after the Solicitors Disciplinary Tribunal ruled there was a “case to answer” to the allegations.

The Ministry of Defence last night welcomed the decision after more than a decade of legal battles with the firm over allegations of torture and abuse by British troops following the Iraq invasion. Ministers have accused the firm of “ambulance chasing” and claim it touts for business in southern Iraq.

The prosecution follows a £31 million inquiry into claims that British troops had tortured and murdered Iraqi detainees in the wake of the Battle of Danny Boy in 2004.

During the Al-Sweady inquiry it emerged that a key, hand-written document, which had the potential to stop the costly legal proceedings in their tracks, had been shredded.

The inquiry found the allegations against British soldiers were baseless and the product of “deliberate and calculated lies” from Iraqi witnesses and detainees driven by a desire to smear the British military.

The document that could have halted the hearing was an English translation of an Arabic record which suggest- ed that some of the Iraqi claimants were members of the Mahdi Army militia rather than innocent civilians caught up in the fire fight.

The firm and two solicitors, Martyn Day, a founder, and Sapna Malik, face allegations before the independent tribunal that they failed to give the key list to the inquiry. They also face allegations that they failed to look after or identify documents for the inquiry.

The firm and lawyers also stand accused of entering into an “improper fee-sharing arrangement” and made £75,000 “prohibited referral fees” to an Iraqi agent, identified only as Z. The firm has previously denied any wrongdoing and said it is the victim of politi- cal interference. Michael Fallon, the Defence Secretary, said: “These are extremely serious charges in relation to a public inquiry that cost the taxpayer £31 million. We welcome the Solicitors Disciplinary Tribunal’s conclusion that there is a case to answer and now await their decision.

“Every day our Armed Forces show bravery and dedication in difficult circumstances. They shouldn’t be subject to unfounded legal claims and we are bringing forward a package of measures to ensure they aren’t.”

A statement from Leigh Day said: “The matter is now formally before the tribunal so it would not be appropriate for us to comment further.”