Veterans’ minister Johnny Mercer was today warned he faces ‘serious legal consequences’ over refusing to name officers who told him about alleged crimes by British troops in Afghanistan.
The Cabinet minister insisted he was ‘not intimidated’ by the public inquiry during extraordinary clashes with counsel as he gave a second day of evidence.
The chair, Lord Justice Sir Charles Haddon-Cave, cautioned Mr Mercer that he could face ‘serious legal consequences’ if he did not comply and his patience was not ‘inexhaustible’.
Mr Mercer, himself a former soldier, described in his witness statement to the probe that allegations had been brought to him by ‘multiple officers’ during his time as a backbench MP.
But he told counsel to the inquiry Oliver Glasgow KC yesterday that ‘at this stage’ he was ‘not prepared to burn them’ – stressing they had not been ‘first-hand witnesses’ to abuses.
Mr Glasgow revisited the issue today, and asked Mr Mercer if he would be willing to ‘confidentially provide’ the identities.
‘I am going to reflect on the chair’s remarks yesterday and do everything I can to assist the inquiry,’ he said.
But tensions flared further when Mr Glasgow suggested Mr Mercer was not abiding by his oath to the inquiry and was part of a ‘wall of silence’.
‘I’ve always told the truth. I hope you’re not suggesting otherwise,’ Mr Mercer said.
‘I’ve answered all your questions. You asked me if I would name people in court and the answer was no.’
The hearing was then suspended for a few moments for discussions.
When it returned Mr Glasgow again told him he needed to reflect on his refusal to answer.
Mr Mercer said he would reflect, but added: ‘You’ve just highlighted my point that I’ve tried to make to you a couple of times, in that if you truly want to get to these allegations, to the centre of these allegations, which I believe you do and I believe the chair does, there is no point trying to frame whether I’ve taken an oath to tell the truth or not.
‘This court doesn’t intimate me, you don’t intimidate me. I will try and help you – let me finish – I will try and help you as much as I can. But that is the same for individuals who will come across this court. They are not intimidated by being in this court. There are greater issues at stake.
‘And you are not going to get there if you persistently say, make out or infer through your questioning, that I am not helping you, or I am not here to tell the truth or help the inquiry.’
Mr Glasgow said: ‘Well, are you here to help the inquiry?’
A clearly infuriated Mr Mercer said after a pause: ‘I think I’ll let that one go, Sir.’
Sir Charles Haddon-Cave told Mr Mercer his decision to ‘refuse to answer legitimate questions… at a public inquiry’ was ‘disappointing… surprising… and completely unacceptable’.
Addressing Mr Mercer before he concluded his evidence, the chairman said: ‘As you’ll appreciate, this is not the end of your evidence, or indeed your attendance before me – because as Mr Glasgow has had to say, the plain fact of the matter is that you have, at least for the moment, refused to answer legitimate questions by leading counsel at a public inquiry – in particular… ‘what are the names of people who’ve spoken to you about these matters?’
‘I’m bound to say this is frankly very disappointing and surprising for someone in your position – and I’m bound to say, completely unacceptable.
‘It gives rise to potentially serious legal consequences which may need to be put in train.’
Sir Charles said he had been ‘very patient and I hope understanding’. ‘None of this is easy and I completely get that.’
But he added: ‘My patience is not inexhaustible.’
The inquiry is looking at issues arising from the deployment of British Special Forces to Afghanistan from mid-2010 to mid-2013.
Two Royal Military Police investigations, codenamed Operation Northmoor and Operation Cestro, are set to be scrutinised by the inquiry.
No charges were brought under Operation Northmoor – a £10million investigation which was set up in 2014 to examine allegations of executions by special forces, including those of children.
Operation Cestro saw three soldiers referred to the Service Prosecuting Authority, but none of them were prosecuted.
The inquiry continues.
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James Tapsfield
