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Scandal of British troops cleared of Iraq death 14 years ago now facing fresh inquiry

Said Shabram
Said Shabram

British troops finally cleared of wrongdoing over the death of an Iraqi civilian 14 years ago face the “insanity” of a fresh inquiry ordered by the Ministry of Defence, The Telegraph can disclose.

Three soldiers - including a major decorated for bravery - were told last week that they would not face charges over an incident in Basra in 2003 in which a 19-year-old man drowned.

The men, two of whom are still serving, have been investigated at least three times already over the death, culminating in a three-year inquiry by the discredited Iraq Historic Allegations Team (Ihat), shut down by the Government after a public outcry.

Johnny Mercer - Credit: Paul Grover
Johnny Mercer Credit: Paul Grover

But the troops now face a further judge-led inquiry by the Iraqi Fatality Investigations (IFI) unit. 

Lawyers inside the Ministry of Defence have been sent the full Ihat file on the death of Said Shabram and can order IFI to launch a new inquiry.

The case raises the prospect of dozens of other British troops cleared of wrongdoing over deaths in Iraq of being subject to yet another lengthy probe of historic allegations.

Johnny Mercer, a Conservative MP and former Army captain who carried out a devastating parliamentary inquiry into Ihat that led to it being shut down, said: “It is insanity that three brave soldiers cleared of involvement in a death that happened almost 15 years ago are now confronted with another investigation.

“The troops were subjected to a witch hunt by Ihat and forced to go through years of unbelievable stress despite being first investigated and cleared as long ago as 2006.

“That a new investigation is hanging over their heads is a scandal.”

Mr Mercer called for IFI to be shut down, adding: “When it comes to historical allegations, this country is currently in a state of betrayal to its Armed Forces. This has to end.”

Tim Collins, the retired colonel who led troops into battle in Iraq, said: “The reality is this is a failure of Government to protect its servicemen and women. The Government needs to wake up and do something about this. It must draw a line under the whole thing.”

The three servicemen were first cleared of wrongdoing in Mr Shabram’s death in 2006 following a military investigation. But in 2014, Ihat reopened the case and in September 2016 passed a file to the Service Prosecuting Authority, recommended they be charged with manslaughter.

The case - first highlighted by The Telegraph - prompted a huge outcry that eventually led to Sir Michael Fallon, the Defence Secretary, announcing he was shutting down Ihat.

Sir Michael Fallon - Credit: Dominic Lipinski
Sir Michael Fallon Credit: Dominic Lipinski

Mr 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 major, who was decorated for bravery and wounded while serving in Afghanistan, has insisted that Mr Shabram was pursued into the water by an angry mob and that he had actually tried to save his life.

After almost a year considering the evidence, the military prosecutor concluded last week that no charges be brought against the men.

But they have now been informed they must wait to discover if IFI begins a new inquiry. IFI was set up after the High Court ruled that any deaths investigated by Ihat could then be passed on to IFI to hold a “form of inquest”.

Troops keeping the peace in Basra in 2005 - Credit:  TOBY MELVILLE
Troops keeping the peace in Basra in 2005 Credit: TOBY MELVILLE

Under the rules, Ihat files must be passed to Directorate of Judicial Engagement Policy, part of the MoD, which decides if IFI should hold an inquiry.

To date, IFI  has conducted inquiries into six deaths in Iraq, overseen by Sir George Newman, and has one case ongoing. 

Ihat was closed down in the summer with 20 remaining cases - most of them involving alleged unlawful killings - passed to another unit.

Ihat, which cost the taxpayer about £40 million, was set up in 2010 amid claims that soldiers had committed widespread abuses in Iraq that needed to be investigated. 

But almost all the 1,500 allegations brought to its attention came from a single law firm Public Interest Lawyers which folded before its founding lawyer Phil Shiner was struck off .

An MOD spokesperson added: “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.”