Ex-war crime lawyer avoids jail over false Iraq war claims

A former human rights lawyer has avoided jail after making false claims of abuse against British troops serving in Iraq.

Phil Shiner received a two-year suspended sentence at Southwark Crown Court after admitting to three counts of fraud related to legal aid claims from 2007.

Judge Christopher Hehir acknowledged “obvious dishonesty” but stated he did not believe Shiner, 67, was “motivated by personal greed.”

Instead, the judge suggested Shiner’s judgment had been clouded by his “enthusiasm” for his client’s cause.

In October this year, Shiner pleaded guilty to the charges a day before his trial. 

The 67-year-old was the lead solicitor at Birmingham-based Public Interest Lawyers, where he led legal claims against British soldiers accused of mistreating Iraqi detainees following the 2003 Iraq War.

The fraud charges stem from claims related to the alleged killings of Iraqi civilians by British troops during the “Battle of Danny Boy” in May 2004.

Hamid Al-Sweady, whose uncle, Khuder Al-Sweady, accused British soldiers of unlawfully killing him at the age of 19.

In 2007, Shiner submitted legal aid claims for about £200,000 to represent clients like Khuder Al-Sweady in a judicial review.

In making the application, Shiner failed to disclose that an agent acting on his behalf and with his knowledge had been cold calling and making unsolicited approaches to potential clients in Iraq.

He also failed to disclose that he was paying referral fees. This practice was not permitted as part of gaining a Legal Aid Contract.

He was also convicted for providing a witness statement to the commission in support of his application which was again gained by an unsolicited approach.

As a result of the failure to disclose this information, Shiner was able to gain a valuable legal aid contract to enable him to pursue the judicial review.

The inquiry’s findings confirmed that Hamid Al-Sweady, the nephew of Khuder, was actually killed in combat while attacking British forces, not while in detention.

The National Crime Agency reported that Shiner received approximately £3m in legal aid funding, and the Al-Sweady inquiry cost taxpayers £24m.

Shiner’s professional reputation had already been destroyed. He was struck off by the Solicitors Regulation Authority in 2017 after pursuing false torture and murder allegations against British troops.

In his sentencing remarks, Judge Hehir clarified that Shiner was not being sentenced for his role in the Al-Sweady inquiry, which he stated ultimately led to “firm conclusions.”