A former British Army officer who spent 17 years facing a false war crime accusation has urged a High Court judge not to send Johnny Mercer to jail.
The Veterans Minister is facing a prison sentence for refusing to name military informants at an inquiry into alleged SAS ‘Extra Judicial Killings’.
Mr Mercer told Lord Justice Sir Charles Haddon-Cave, who is leading the inquiry, that he must preserve the anonymity of individuals who spoke to him in confidence.
But the judge has told the MP his stance is ‘completely unacceptable’ and that he could be sanctioned for his silence.
Under the provisions of the 2005 Inquiries Act, Mr Mercer – himself a former Army captain – faces up to 51 weeks behind bars or a substantial fine.
The Independent Inquiry relating to Afghanistan is probing claims Special Air Service (SAS) troops routinely executed Taliban suspects on night raids between 2010 to 2013.
The Veterans Minister, Johnny Mercer, is facing a prison sentence for refusing to name military informants at an inquiry into alleged SAS ‘Extra Judicial Killings
Major Robert Campbell (pictured) spent 17 years facing a false war crime accusation and has urged a High Court judge not to send Johnny Mercer to jail
Now a UK veteran of the Iraq War, who was subjected to a witch-hunt by lawyers over a death in 2003, has rallied to Mr Mercer’s side.
Major Robert Campbell, whose career and mental health were destroyed by false claims, has written to Lord Justice Haddon-Cave.
He was eventually cleared over the death of Saeed Shabram in Basra – but the case brought on post-traumatic stress disorder [PTSD], leaving him unable to work.
The case against Major Campbell was pursued by IHAT – the Iraq Historical Allegations Team – which was closed down without mounting a successful prosecution against any veteran.
He told Lord Justice Haddon-Cave: ‘I believe you are making a grave mistake and I would urge you to reconsider.
‘If it was not for whistleblowers approaching MPs such as Johnny Mercer, in confidence, knowing their identities would be protected, there would have been no Women in the Armed Forces inquiry, that exposed rapes, sexual assaults and sexual harassment, and no Deepcut Inquiry into the repeated suicides at Deepcut Barracks.
Major Robert Campbell, whose career and mental health were destroyed by false claims, has written to Lord Justice Haddon-Cave
‘If you press ahead there will be no space for people to speak up, scandals will be undetected and the guilty will go unpunished.
‘You are taking away the agency of soldiers who chose to whistle-blow to an MP in confidence. Your actions will change that confidence forever, and anyone who was considering helping your inquiry may be less inclined to do so.
‘Finally Sir Charles, it is unclear to me what you hope to gain from this. As far as I am aware, none of Mr Mercer’s sources are accused of any criminality themselves, so what is the point of compromising their safety for so little gain? These men are not core witnesses to your inquiry.’
Despite the threat of imprisonment, there is no indication Mr Mercer will provide the High Court with the identities of his sources. Being sent to jail would represent a breach of the Ministerial Code, which could force the Prime Minister to sack him.
Mr Mercer has submitted an appeal to the High Court against his jail threat, which will be assessed in the days ahead by Lord Justice Haddon-Cave.
The former head of the British Army, General The Lord Dannatt, has also backed Mr Mercer, saying: ‘These whistleblowers came to the minister in confidence and have not given Mr Mercer permission to hand over their names, which is why he hasn’t done so.
‘He won’t be standing down on this.’