Ministry of Defence faces judicial review over 'lack of support' for soldiers accused of Iraq abuse

Theresa Maydeclares her opposition to what she described as an 'industry of vexatious allegations' being levelled against British troops

The Ministry of Defence is facing a judicial review over alleged lack of support for troops facing accusations of abuse during the Iraq War. (Getty)

The Ministry of Defence is facing a judicial review over alleged lack of support for troops facing accusations of abuse during the Iraq War. A firm of solicitors have been instructed by a number of service personnel facing allegations following a Government-appointed investigation.

Theresa May has declared her opposition to what she described as an “industry of vexatious allegations” being levelled against British troops. An inquiry being carried out by the Iraq Historic Allegations Team (IHAT) has led to more than 1,500 claims of murder, false imprisonment and torture, amid recriminations about the way it is being conducted.

While travelling to the UN General Assembly summit in New York, the Prime Minister said: “We should be absolutely proud of the fact that men and women are willing to put themselves on the line for our safety and do things that most of us would not contemplate being willing to do in terms of our own safety. They put themselves on the line.”

Armed forces personnel under investigation believe that the Government has failed to stand by them and provide adequate legal support. There had been several high-profile claims of IHAT investigators supposedly being over-aggressive. The MoD has paid compensation to one woman, Sergeant Rachel Webster, who was released without charge after being arrested and restrained at her home in an early morning raid.

Downing Street had stated that IHAT was independent of Government control and any member of the armed forces subjected to its probe would receive all necessary support including legal advice. But solicitor Hilary Meredith, who has been asked by clients to start judicial review proceedings, maintained that the support system was inadequate and, as a result, troops were being “hung out to dry”.

She added, “I passionately believe that the MoD should be held to account when it fails our servicemen and women. A framework of support and assistance needs to be put in place.”

Ms Meredith said former forces personnel want the right to independent legal advice which should be funded by the Government; time limits to be imposed on cases; and the right to a fair trial.

Johnny Mercer, a Conservative MP and former army officer, said, “This is a national disgrace, we asked a generation of young people to conduct a deeply unpopular war, poorly resourced, poorly planned. And when they return to the UK they are then pursued for decades afterwards by spurious allegations, what has become a self-inflicted industry, financed by the taxpayer which is yet to produce a single prosecution.”

But Nicholas Mercer [no relation], former legal adviser to the British Army during the Iraq War, speaking to BBC Radio 4, responded “I hear the words vexatious and spurious bandied about but, to date, there have been 326 settled cases and the Government has paid out £20m. If the Government paid out, these are not vexatious and not spurious. They are proven and the MoD have admitted liability.”