MoD accused of SAS inquiry delays
Inquiry says ministry has allocated insufficient resources to evidence disclosure
The independent judicial inquiry into alleged unlawful killings by UK special forces in Afghanistan has run into delays because the Ministry of Defence (MoD) has not put enough resources into meeting the inquiry’s deadlines.
The inquiry is now examining what were called deliberate detention operations. It says the MoD has known of the inquiry’s timings “for some considerable time”.
A spokesperson for the inquiry said it had set out a phased approach to its work and told the MoD at various times last year how it wanted to proceed with its evidential timetable.
“The MoD do not have enough resources allocated to meet those deadlines for the disclosure of evidence,” the spokesperson added. The government’s suggested timeline would substantially delay the inquiry’s work.
Sir Charles Haddon-Cave, the appeal judge appointed by the MoD to chair the inquiry, had wanted to deliver his report without delay. “However,” said the spokesperson, “this issue makes it clear that the chair’s original timetable may now not be possible.”
Haddon-Cave has therefore ordered a public hearing next Friday at which lawyers for the MoD will be asked to explain:
the failure to meet deadlines for the provision of evidence;
why the MoD are unable to meet deadlines;
the reasons underlying the inadequate resources; and
the MoD’s proposals to remedy the position.
Further information will be published by the inquiry shortly before next week’s hearing.
Just after 4.30pm yesterday, I asked the MoD for a comment. There has been no response so far. Not foot-dragging, I’m sure: just lack of resources.
Update 27 April: A Ministry of Defence spokesperson said:
The MoD called for this inquiry and are fully supporting it and co-operating with it. We will be setting out at the hearing on 3 May all the steps taken to date and the further action we will be taking in order to ensure we meet the inquiry’s expectations.
It would be inappropriate to comment further in advance of the hearing.
Readers who are new to this story may wish to read my earlier reports:
Senior judge to investigate SAS killings 15 December 2022
Whistle-blowers wanted 25 April 2023
Will Afghan inquiry be public at all? 5 July 2003
SAS officers may face public questions 23 August 2023
UK special forces accused of cover-up 10 October 2023
I only once ever appeared before the then Honourable Mr Justice Haddon-Cave - and that merely on a valedictory for my retiring Solicitor friend and Senior Resident Judge (now termed the Recorder) John Warner and so I am unable to say much about him, save that on the evidence of his handling of this vital inquiry so far he appears to be exhibiting just those qualities of authority and (healthy) judicial impatience I have long believed are well fitted for such tasks. Accountability of our armed forces -wherever required as here- must be the aim, despite the especially fraught dimensions. I await the events of the review hearing with much interest -and concern.