Editorial Comment:

Britain asks its soldiers to risk their lives for their country. In return, it must ensure that they are not hounded or persecuted for doing their job. When a soldier commits a crime, he or she should face a penalty – no one would dispute that. But the state has a special duty of care towards the Armed Forces. It must not abandon them to activist lawyers, double-standards or rough justice.

Two former soldiers face prosecution for the killing of Joe McCann in Belfast in the Seventies. McCann was an Official IRA commander who had reportedly clashed with British troops. He was shot dead in disputed circumstances by a Parachute Regiment patrol on April 15 1972. That year, the Royal Ulster Constabulary investigated the killing and decided against a prosecution.

In 2010, when the Troubles were over, McCann’s case was reviewed by Northern Ireland’s Historical Enquiries Team – and the two retired paratroopers agreed to take part. They were informed that the case was closed. Instead, it was referred to the Director of Public Prosecutions in Northern Ireland, Barra McGrory QC. The Public Prosecution Service has now decided to bring charges.

Critics say that the prosecution is politically motivated, designed to appease nationalists – and there certainly is a context to such claims. Mr McGrory, for instance, once represented the likes of Gerry Adams and Martin McGuinness. He has previously accepted responsibility for failings by the Public Prosecution Service in the case of Maria Cahill, who claimed she was raped by a suspected IRA man when she was a teenager, and he drew criticism over the decision not to prosecute Mr Adams for allegedly withholding information about his paedophile brother. Mr McGrory has always maintained that he does not allow politics to interfere with his job.

At the very least, this prosecution looks grossly hypocritical. Compare it to the treatment of fugitive IRA suspects, who were sent so-called comfort letters telling them that they were no longer wanted by the police. This shadowy arrangement only came to light in 2014, when John Downey, a suspected bomber, escaped prosecution because he had received one of the letters. The consequence of this policy is that the threat of jail hangs over British soldiers and not over IRA terrorists in relation to historical acts. This perverse paradox reflects the disregard that the state has shown towards soldiers.

It is the same with the Iraq Historic Allegations Team (Ihat), which has been allowed to turn the lives of veterans upside down. The vast majority of Ihat allegations were brought by one law firm, which closed shop during the summer when its legal aid was withdrawn over alleged irregularities. The firm’s founder recently conceded to a tribunal that he “must” be struck off after he admitted acting “recklessly and without integrity”.

The Government has said that it wants to stop ambulance-chasing lawyers from targeting the Armed Forces. It could do this very easily, by abolishing Ihat. So why does it not? We infer that the Government fears that unless it is seen to be tough on its own troops then the matter will be taken up by the International Criminal Court – another example of politics influencing justice.

Many veterans are losing their faith in the state. Popular anger at the treatment of Marine A, who was imprisoned for killing a badly wounded Taliban fighter in Afghanistan, raised questions about how far soldiers are pushed on the front line, the breakdown in discipline and support for those suffering from mental strain. Likewise, far too many men and women leave the service and suddenly find themselves alone with their demons. To add to their living nightmare, the threat of a needless investigation that goes nowhere is cruel.

It is time for the Government to stand up for soldiers. Of course the law must be upheld. But soldiering is a unique profession where the easy moral distinctions of civilian life are much harder to apply. Moreover, the decision to send someone to war, or to put them on patrol, is a political decision – and politicians have to take responsibility for it. They cannot send men and women into chaos and then leave them to face the consequences alone. That would be nothing less than a betrayal.