War crimes allegation lawyer faces tribunal

Professor Phil Shiner, who runs Birmingham-based Public Interest Lawyers, has been referred to a disciplinary tribunal over 'serious allegations of professional misconduct' after the £31 million Al-Sweady Inquiry into the alleged wrongdoing against Iraqi citizens found the claims to be 'reckless speculation' and based on 'deliberate lies'.

But the hearing and the charges against him will be held in secret.

This week Public Interest Lawyers was also stripped of its public funding by the Legal Aid Agency over contractual breaches which it has now referred to the 'relevant authorities'.

It followed an investigation by watchdog the Solicitors Regulation Authority in the wake of the Al-Sweady Inquiry which has led to the firm and Mr Shiner facing the Solicitors' Disciplinary Tribunal.

A statement from the Legal Aid Agency said: "We have terminated our contract with Public Interest Lawyers as we consider the firm has breached its contractual requirements.

"We have taken this action after a thorough review of information provided by Public Interest Lawyers, following the investigation by the Solicitors Regulation Authority into the firm.

"The Solicitors Regulation Authority has asked the Solicitors' Disciplinary Tribunal to consider allegations against the firm.

"The Legal Aid Agency has no role in judging the issues of professional conduct involved in the allegations.

"However, we are clear that contractual breaches with the Legal Aid Agency's contract are proven and warrant investigation by the relevant authorities."

Solicitors Regulation Authority spokesman Lee Shrimpton said: "We note the termination of contract by the Legal Aid Agency.

"The decision taken by the Legal Aid Agency is a matter for the agency in dialogue with the firm concerned.

"We have investigated Public Interest Lawyers and made a referral to the Solicitors' Disciplinary Tribunal, but cannot comment further on the particulars of the case."

And Justice Secretary Elizabeth Truss said: "Legal aid is designed to support some of the most vulnerable members of society — not to pursue spurious cases against our brave armed forces as they serve this country overseas.

"The investigation by the Solicitors Regulation Authority has unearthed some very serious allegations and it will now be for the relevant authorities to decide whether further investigations are required.

"But I am determined that public money should not be misused or wasted and I will not tolerate any abuse of the legal aid rules that are so vital to the proper functioning of our justice system."

In 2014, the Al-Sweady inquiry concluded in its final report that allegations of war crimes following the Battle of Danny Boy on May 14, 2004, in southern Iraq were based on 'deliberate lies, reckless speculation and ingrained hostility'.

Figures show that Public Interest Lawyers and fellow legal firm Leigh Day have passed 3,281 allegations of criminal activity by soldiers to the Iraq Historic Allegations Team, which investigates such cases.

So far, 900 of these have been thrown out.

Mr Shiner has made his name suing the Armed Forces with his firm reportedly receiving £3.9 million in legal aid since the beginning of the Iraq War.

Leigh Day is facing 19 charges, including paying 'referral' fees to a third party.

None of the allegations or charges against Leigh Day or Public Interest Lawyers have been proven.

No allegations of wrongdoing have been proven against Mr Shiner.

The law firm insists it is the victim of a political witch hunt but Mr Shiner was not making no comment on the case.

A Leigh Day spokesman said: "The matter is now formally before the tribunal so it would not be appropriate for us to comment further."