No British troops to face Iraq charges

Chief military prosecutor says there was a lack of credible evidence and hits out at investigation process

IRAQ war veterans have welcomed the disclosure that not a single soldier is expected to be prosecuted over thousands of criminal allegations brought by a human rights lawyer struck off for dishonesty.

Andrew Cayley, head of the Service Prosecuting Authority, revealed yesterday that just one case – thought to be an allegation of unlawful killing – remained under investigation, but that it was “quite possible” there would be “zero” charges brought against troops. He said that all inquiries would be wrapped up “within weeks”.

Former soldiers welcomed the end to years of “anguish”, but complained that some still faced a separate non- criminal investigation into deaths 17 years on from the invasion of Iraq. They demanded a public inquiry into how the Ministry of Defence had squandered tens of millions of pounds on vexatious claims against troops.

Almost 3,500 criminal allegations – including murder and torture – were filed against soldiers serving in Iraq, the vast majority brought by Phil Shiner, a solicitor barred from practice in 2017 after being found guilty by a disciplinary panel of misconduct and dishonesty relating to false abuse claims against British troops.

Investigations by The Telegraph into Mr Shiner and the treatment of troops accused of war crimes prompted the government in 2017 to shut down a specialist criminal unit – called the Iraq Historic Allegations Team (Ihat). Ihat was set up in 2010 and cost the taxpayer £57million, but failed to bring a single prosecution.

But a dwindling number of troops remained under investigation, and yesterday Mr Cayley said independent investigators had closed all but one of those cases. The chief military prosecutor said there was a lack of credible evidence to bring charges. He said one allegation was still under consideration, but it was “quite possible” that would be dropped as well.

Mr Cayley was also highly critical of the time taken to investigate the claims. He told the BBC Radio 4’s Law in Action programme: “There’s got to be some kind of containment of this process because I think for cases to be constantly reviewed and re-reviewed over a 17year period is not fair.”

Mr Cayley also said he was confident that no action would be taken in a separate International Criminal Court (ICC) investigation into alleged abuses by British soldiers. “My sense is these matters are coming to a conclusion; [ICC] will close the preliminary examination this year in respect of Iraq and the United Kingdom,” he said.

Major Robert Campbell, who has been under near constant investigation over the death of a young man who drowned in Basra in 2003, said he was delighted that no soldier would be prosecuted.

Major Campbell, who was decorated for bravery and wounded on active service, was investigated by Ihat before being told in Dec 2017 that no charges were being brought.

He said: “I am pleased the remaining cases have been shut down, but the stress this has put us through has been intolerable. There needs to be a public inquiry into why tens of millions of pounds was spent investigating troops when there was no money for armourprotected vehicles in which soldiers burnt to death.”

Johnny Mercer, a former Army captain and now the veterans minister, said a new government bill to protect soldiers serving overseas from vexatious claims would prevent soldiers being subjected to witch-hunts in the future. Mr Mercer investigated Ihat when chairman of a committee of MPS, leading to its closure.