Retired Army officer investigated over bogus Iraq war crimes launches £20m legal case against MoD

Major Robert Campbell - David Rose 
Major Robert Campbell - David Rose
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A retired Army officer investigated over bogus Iraq war crimes has launched a landmark £20 million legal case against the Ministry of Defence (MoD).

Major Robert Campbell, a decorated soldier, said he went through "18 years of hell" and "wanted to die" after he was accused of drowning an Iraqi teenager, Saeed Shabram, in Basra in 2003.

The veteran was exonerated last year following a judicial probe by the Iraq Fatality Investigations team. The judge ruled that Mr Shabram either jumped or fell into the water, and his family may have been misled by unreliable witnesses.

Major Campbell is now leading a group legal action on behalf of 30 veterans, who were also smeared by false war crimes allegations, against the MoD and the professional indemnity insurers of disgraced human rights lawyer Phil Shiner.

Letters of claim are due to be sent out this month.

Mr Shiner was struck off in 2017 after being found guilty of misconduct and dishonesty relating to false abuse claims against troops. He was behind many of the 3,500 allegations made following the invasion of Iraq in 2003.

This is the first time that such a large group of veterans has sued the MoD over war crimes. They are seeking payouts to cover loss of earnings and pension entitlements, on the grounds that the MoD breached its duty of care by allowing what was widely seen as a "witch-hunt".

The case could pave the way for thousands of other veterans falsely accused of war crimes to sue the MoD.

Major Campbell's exoneration by the Iraq Fatality Investigations team came after the Iraq Historic Allegations Team (IHAT), an organisation set up by the Government in 2010, failed to result in the prosecution of any soldier. It was branded an "unmitigated failure" by MPs on the House of Commons Defence Committee.

Major Campbell was granted medical discharge from the Army in 2018 and was diagnosed with PTSD, anxiety and depression. He is now unable to work.

"On behalf of my soldiers, and the thousands of others who were falsely accused, I am now bringing legal action after enduring 18 years of hell," he said.

"I faced unending false allegations and investigations which completely broke me. Whenever I asked for help, everyone in the MoD said that it was somebody else’s problem. At this point I just wanted to die. Our ordeal seemed endless."

The group bringing legal action against the MoD includes former Colour Sergeant Brian Wood, who won a Military Cross for bravery but was later investigated for murder. The father of two's ordeal is recounted in the BBC drama Danny Boy.

Hilary Meredith, the solicitor acting on behalf of the veterans, said: “The conduct of the IHAT is one of the most shameful episodes in modern legal history. Thousands of British soldiers were falsely accused of war crimes. The whole investigation was a witch hunt based on deceit.

“The MoD has clearly breached the duty of care it owes to our service personnel and veterans. They owe a duty of care in law, under the military covenant, morally and ethically to stand by those who serve. Instead, they allowed the IHAT to pursue innocent troops with false evidence of vile war crimes.

“The falsely accused have paid a huge price – shattered lives, broken marriages, ruined finances, stalled careers, poor mental and physical health."

A MoD Spokesperson said: “While it would be inappropriate to comment on ongoing cases, we have not received a response from Hilary Meredith to the letter requesting confirmation of the claimants nor a formal letter of legal action against the Department.

“However, it is true that our brave service personnel and veterans have been subject to unfounded allegations after serving honourably. That is why we have made good on the Government’s manifesto commitment to bring the Overseas Operations Act into law, giving our personnel and veterans the protections they deserve.”