The Sunday Telegraph

Veteran tells of shock at facing fourth inquiry into Iraqi’s death

Soldier reveals nightmare of fresh investigat­ion after being cleared

- By Robert Mendick CHIEF REPORTER

A WAR veteran has told of his nightmare at the “shocking” prospect of facing a fourth inquiry into the suspicious death of an Iraqi civilian 14 years ago.

The serviceman was, along with two other soldiers, told last week he would not face charges over the death of a man who drowned in Basra in 2003 – only to discover they now face a further investigat­ion.

The men were first cleared over the incident as long ago as 2006 but were then subjected to two further investigat­ions, including an inquiry by the discredite­d Iraq Historic Allegation­s team (Ihat).

The Ihat inquiry was first disclosed by The Sunday Telegraph a year ago leading to a series of investigat­ions that ended with it being shut down after a public outcry.

The Ihat files on the case have now been sent to the MoD, which is expected to pass them to yet another body – the Iraq Fatality Investigat­ions (IFI) unit – to again examine the case.

One of the soldiers has expressed his utter despair at remaining under investigat­ion. The soldier, whose identity is being protected amid fears of recriminat­ion, said: “After years of extreme stress and uncertaint­y I actually thought this ‘nightmare’ was over and felt an overwhelmi­ng sense of relief and emotion last week.

“Learning about the IFI potentiall­y taking on the case is shocking. When will this nightmare end?”

His upset was conveyed in a letter to Johnny Mercer, a Conservati­ve MP and former Army captain, who has championed the cause of Iraq, Afghan and Northern Ireland veterans who have been subjected to historic investigat­ions.

Mr Mercer said: “I struggle deeply with the concept that those who have served can feel so embittered towards the country for which they were once prepared to sacrifice everything.

“This is one of many communicat­ions I have received. It has to stop. I feel ashamed of a Government that seems to misunderst­and the way to treat these people.”

Mr Mercer, who led a parliament­ary inquiry that resulted in Ihat being shut down, is now pressing for Sir Michael Fallon, the Defence Secretary, to close IFI.

IFI was set up in the wake of a 2013 High Court ruling that suspicious deaths in Iraq must be investigat­ed with inquest-style hearings.

The ruling resulted from a case brought by Public Interest Lawyers and its founder Phil Shiner, who has since been struck off for profession­al misconduct, including five counts of dishonesty over his handling of Iraq abuse claims.

The MoD insists it has no choice but to keep funding IFI’s work because of a High Court order to do so.

A spokesman said: “The Iraq Fatality Investigat­ions process, as ordered by the High Court, is funded by MoD in line with normal practice for judicial proceeding­s. The MoD provides legal and pastoral support to all personnel who are called upon to assist.”

The three men accused of involvemen­t in the death of the 19-year-old Iraqi man were told they would not be charged a little over a week ago by the Service Prosecutin­g Authority. One of the men accused is a major, decorated for bravery.

Said Shabram drowned in May 2003 amid claims he and another man were forced into the water at gunpoint as troops struggled to quell riots. The soldiers said they had tried to save his life.

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