Shiner accused troops of murder and gets a suspended sentence? Justice not served
As a solicitor, nothing would give me greater pleasure than to say that I am proud of our legal system and it is the envy of the world.
But my faith in this has been seriously shaken.
I would also be proud to say that this is the best country in the world to be a veteran. But my work on behalf of the Armed Forces over the last 37 years proves this to be incorrect too.
False claims about soldiers' conduct in Iraq
All this came into sharp focus when I attended Phil Shiner's sentencing at Southwark Crown Court.
During the long drive home, I felt sick to my stomach knowing that justice had not been served.
Judge's remarks an insult
To recap very briefly, former lawyer Phil Shiner was handed a two-year prison sentence, suspended for two years, after admitting three counts of fraud linked to cases against British soldiers in Iraq.
Shiner led the pursuit of legal claims against British soldiers accused of ill-treatment of Iraqi detainees after the 2003 Iraq War.
He was struck off by the Solicitors Regulation Authority in 2017 for peddling his false torture and murder allegations.
During the court hearing, Judge Christopher Hehir said Shiner "got carried away with enthusiasm by his clients' cause and his judgement suffered as a result".
Carried away? While it is considered poor form to criticise the judiciary, I simply cannot remain silent on this point.
The judge's remarks are an insult to the thousands of men and women who will forever bear the scars of Shiner's actions.
A witch hunt based on deceit
As a result of Shiner's criminal conduct, British soldiers were falsely and maliciously accused of war crimes.
He instigated a witch hunt based on deceit. The accusations were totally false. This despicable man drummed up business by paying fixers to find cases and profited from it by lying to the Legal Aid Agency in what the judge called a thoroughly dishonest fashion.
But in the judge's words it was simply a case of him getting "carried away with his enthusiasm for his clients' cause" – his clients being Iraqi nationals making false claims.
According to the National Crime Agency (NCA), Shiner received around £3m in the value of his firm's legal aid contract, and the ensuing Al-Sweady inquiry into allegations of mistreatment and unlawful killing of Iraqi nationals by British troops cost the taxpayer £24m.
But the human cost has been much, much worse.
The falsely accused have paid a huge price – shattered lives, suicide attempts, broken marriages, ruined finances, stalled careers, poor mental and physical health.
Because of the limited nature of the charges, the court couldn't take into account the catastrophic, snowballing effect of Shiner's fraudulent actions.
Veteran scrutinised eight times over fake allegations
During the sentencing, I sat next to veteran Bob Campbell.
Bob, who was a major in the Royal Engineers, was accused of drowning Iraqi teenager Saeed Shabram in a river in Basra in May 2003 and was scrutinised in eight investigations, including one for possible manslaughter, before he was eventually cleared.
I am also in regular contact with another veteran, Brian Wood.
At the age of 23, Brian was thrust into the frontline in the Battle of Danny Boy. He led a charge across open ground with insurgents firing at just five soldiers. On his return, he was awarded the Military Cross.
But Brian's story had only just begun. Five years later, he was summoned to give evidence at the Al-Sweady Inquiry into allegations of war crimes by British soldiers during the Iraq invasion of 2003.
After years of public shame, justice was finally served and the false accusations of war crimes were exposed for what they were – hideous lies perpetuated by Phil Shiner.
In his judgment, the judge also referenced the character references he had received for Shiner from "people of distinction within their respective fields".
Now's the time for financial redress
Is that really how a modern, transparent justice system should work? The old boys' network cranking into gear to save one of their own. It is nothing short of a disgrace.
In response to this week's developments, the MOD issued a statement saying the Government was "renewing the contract with those who serve and have served – this includes protecting our personnel from improper and vexatious accusations of the type perpetrated by Phil Shiner".
It remains to be seen what this means.
But now is the time for the Government to draw a line under this shameful episode, apologise and introduce a financial redress scheme, along similar lines to the newly announced LGBT Financial Recognition Scheme.
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