Disgraced lawyer Phil Shiner could become only person charged over historic Iraq War abuse claims

Phil Shiner, the disgraced human rights lawyer, could become the only person charged in connection with historic abuse claims over the Iraq War, The Telegraph can disclose.

The National Crime Agency (NCA) said yesterday it had passed files to prosecutors for ‘investigative advice’ as part of a lengthy inquiry into Mr Shiner over allegations of fraud.

Its announcement comes in the same week that military prosecutors announced it was now ‘quite possible’ that ‘zero’ charges would be brought against Iraq war veterans.

Thousands of criminal complaints against British troops had been brought by Mr Shiner on behalf of Iraqi civilians. But many of those claims are now subject to scrutiny by the NCA, the British equivalent of the FBI.

Last night, former defence secretary Sir Michael Fallon said: “Phil Shiner has never really apologised and it is now time that he did.

"He has never shown any remorse for the misery that so many veterans and their families have suffered for years.”

The NCA has been investigating Mr Shiner, 63, once the most feted human rights lawyer in the country, since 2017 after complaints were made over millions of pounds of legal aid received by his Birmingham-based firm Public Interest Lawyers and over allegations that Iraqi civilians were bribed to bring abuse claims against British soldiers.

The NCA is now seeking guidance from the Crown Prosecution Service on the direction of its investigation and any prospect of bringing charges against Mr Shiner.

In a statement the NCA said: “In 2017, material relating to Mr Philip Shiner and the law firm he was associated with, Public Interest Lawyers was referred to the National Crime Agency from both the Solicitors Regulation Authority and the Legal Aid Agency.

“The NCA investigation remains on-going, and the NCA has submitted an initial case file to the Crown Prosecution Service for investigative advice.

"We continue to work with the CPS to establish whether there is sufficient evidence of any criminal offences, in accordance with the Code for Crown Prosecutors.”

Complaints against Mr Shiner were made by both the Legal Aid Agency, which had paid his firm millions of pounds in legal aid for his clients, and the Solicitors Regulation Authority which had brought professional misconduct charges against him.

Mr Shiner brought thousands of criminal complaints against British troops to the Iraq Historic Allegations Team (Ihat), which was finally shut down in 2017 with just a handful of cases still being investigated by a smaller unit.

Earlier this week Andrew Cayley QC, the director of service prosecutions, disclosed that just one case was still being investigated but that it was ‘quite possible’ there would be ‘zero’ charges brought against troops.

Although at an early stage, it is now possible that the only person who might be charged in connection with the Iraqi abuse claims is Mr Shiner.

Major Robert Campbell, who was investigated by Ihat for manslaughter over the death of a young Iraqi man who drowned in 2003 before being told no charges would be brought, said: “Phil Shiner has caused untold misery to thousands of innocent soldiers for his own political and financial ends. The experience of Ihat nearly killed me. It was very nearly the death of me and it’s still not over.”

The NCA is understood to be working with liquidators, who are picking their way through the financial collapse of Public Interest Lawyers (PIL), Mr Shiner’s law firm.

PIL folded in the summer of 2016 after it was stripped of legal aid funding. The firm has debts of £6.3 million owed to 70 creditors, including £150,000 owed to the taxman. Most of the creditors are human rights barristers owed money for legal advice.

It is understood the NCA is investigating legal aid payments made to PIL and allegations that bribes or sweeteners were paid to Iraqi civilians to bring historic abuse claims against British troops.

The liquidators PCR declined to comment on its ongoing investigation into the collapse of Mr Shiner’s law firm. Its investigations could take a further two years to complete.

Stratford Hamilton, partner at PCR and joint liquidator of Public Interest Lawyers Limited, said: “I can confirm that at the time of our appointment the total sum owed by Public Interest Lawyers Limited to creditors was estimated to be £6.3 million.

"Various avenues of investigation are ongoing to ensure the best possible recovery for creditors but in order not to prejudice those investigations I am unable to comment further at this time.”

The NCA is seeking guidance on whether there is a prospect of charging the ex-lawyer. If Mr Shiner was charged with fraud he could face a jail term of up to ten years. Sources stressed the complex investigation could take two more years.

Mr Shiner was struck off as a solicitor for dishonesty in February 2017, and declared himself bankrupt a month later. He declined to comment this week.