“We wish to pay tribute to the way the case has been handled by all concerned, albeit after a slow start on the part of the Secretary of State.” (per Lord Justice Richards in R (on the application of Maya Evans) v The Secretary of State for Defence [2010] EWHC 1445 (Admin))

Lord Justice Richards
 
 

Iraq Historic Allegations Team probe is 'a shambles'

BBC: The team investigating allegations UK troops abused Iraqi civilians has been called "a shambles", after interviewing just one alleged victim.

The Iraq Historic Allegations (IHAT) team began work in November last year.

But complainants are now refusing to co-operate - they say the investigators will not follow guidelines for interviewing vulnerable witnesses.

The head of IHAT has denied these claims and said there is no basis for their decision.

IHAT has a staff of 83, of which 38 have been provided by private company G4S.

The team will cost £7.5m over two years and aims to take statements from more than 140 alleged victims.

Phil Shiner from Public Interest Lawyers, who is representing all of them, said: "It's been a complete and utter shambles, it must have cost the taxpayer millions."

He says IHAT has only managed to interview one of his clients, which he said is "grossly incompetent".

Mr Shiner says the first attempt to take statements from Iraqis in Lebanon ended when investigators were asked to leave by the authorities there.

A second attempt in Turkey ended when an interviewee objected to the questioning. He cut short the interview and flew home to Iraq.

"It was a multiple of serious errors they made. They clearly haven't been trained," he said.

He said the law classifies his clients as "vulnerable and intimidated witnesses".

Despite an agreement with IHAT to use civilian Achieving Best Evidence guidelines, he said investigators failed to follow them.

"I have a duty to them. I could not advise them, some of whom have been raped, that they should go through this," he said.

They pulled out of the process, which means no more interviews can take place.

Mr Shiner has called for a public inquiry, but denies he has tried to sabotage IHAT.

The head of the team, retired Det Ch Supt Geoff White, refused to be interviewed.

However, in a statement he said: "Our aim is to get to the bottom of what is alleged to have occurred with a view to deciding if there is sufficient evidence to refer cases for potential prosecution.

"I simply do not accept that the difficulties we now face stem from failings on the part of IHAT.

"We have taken advice from an experienced Queen's Counsel and his conclusion is that there was no reasonable basis for Public Interest Lawyers decision to advise complainants to withdraw from the interviews."

For now, no more interviews can take place.

Two major inquiries into allegations of abuse by British forces in Iraq are already under way and there have also been a series of prosecutions.

But there are those in the military who doubt that IHAT can offer anything new.

"The people making these accusations have to put up or shut up," said Adrian Weale, of staff association the British Armed Forces Federation.

"It's almost impossible to imagine that justice can be done after this amount of time has passed," he added.

His conclusion is that it is a "waste of time".

So far IHAT has cost £1.4m.

Next month it will come under even closer scrutiny at the Court of Appeal.

Phil Shiner is set to argue that the only way to find out what really happened to his clients is to hold a full public inquiry.
 
See also:
 
 
 
BBC Radio 4 - 'Today' programme :
 
 
Belfast Telegraph:
 
 
 
 
Daily Star:
 
 
For further information, contact Phil Shiner on 0121 515 5069. 
 


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