‘When will this nightmare end?’ War vet tells of shock at fourth inquiry into suspicious death of Iraqi civilian

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 a probe 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 by the Ministry of Defence (MoD).

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 yet 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 when I got the news that charges will not be brought against us.

“Learning about the IFI potentially taking on the case is again shocking. I’m now sat here once again stressed about this when I should be free to attempt to rebuild my life. 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 from soldiers subjected to historic investigations. It has to stop. On this one issue I feel ashamed of a Government that seems to so fundamentally misunderstand the way to treat these people.”

Mr Mercer, who chaired a parliamentary inquiry that led to 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 High Court ruling in 2013 that suspicious deaths in Iraq must be fully investigated through 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.

Shiner had brought almost 1,500 criminal complaints of abuse to Ihat’s attention, including hundreds of claims of unlawful killings.

IFI has so far concluded six cases over three years since its inception. It could handle as many as a further 20 suspicious deaths, suggesting that at the current rate of progress it could take as long as a decade to complete its work.

It currently has one case ongoing.

The MoD insists it has no choice but to keep funding IFI’s work because of a High Court order to do so. An MoD spokesman said: “Our military served with great courage and professionalism in Iraq and we proudly hold them to the highest standards. We have a legal responsibility to make sure that credible allegations of serious criminal behaviour by UK forces are properly investigated.

“The High Court ordered the establishment of the Iraq Fatality Investigations process, a non-criminal investigation looking at circumstances of deaths and making recommendations.”  

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 and wounded in Afghanistan. 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 in Basra.

The case - and another drowning incident - were used as evidence that the Army had adopted the unofficial practice of ‘wetting’ to keep control of Basra in the aftermath of the invasion.

The soldiers have insisted that Mr Shabram was pursued into the water by an angry mob and that they had actually tried to save his life.

An MOD 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 costs vary depending on the complexity of each investigation. The Ministry of Defence provides legal and pastoral support to all personnel who are called upon to assist in any Iraq Fatality Investigations."