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Legal aid for Phil Shiner to fight legal aid fraud charges

Phil Shiner’s court appearance followed a five-year investigation by the National Crime Agency - Ian Nicholson/PA Wire
Phil Shiner’s court appearance followed a five-year investigation by the National Crime Agency - Ian Nicholson/PA Wire

Phil Shiner, the human rights lawyer struck off for dishonesty over false allegations against Iraq war veterans, was granted legal aid on Monday – in a case in which he is accused of making fraudulent legal aid claims.

A number of former British soldiers watched Shiner’s first court appearance following a five-year investigation by the National Crime Agency.

Shiner, participating via video link from his home in Birmingham, denied all charges, pleading not guilty to three counts of fraud at Westminster Magistrates Court.

The 65-year-old, once voted Human Rights Lawyer of the Year, was struck off by the Solicitors Regulation Authority (SRA) in 2017 over false claims of murder and torture against British troops during the Battle of Danny Boy in southern Iraq.

Veterans who survived the battle wore their regimental ties as they watched Shiner on screen in court. Among them was Brian Wood, awarded the Military Cross for gallantry for his part in the fierce fighting.

Wearing a dark suit, white shirt and tie, Shiner spoke to give his name, age, and address and said: “Not guilty, sir” as the charges were put to him. He was released on bail to appear at Southwark Crown Court on July 27.

Shiner, who declared himself bankrupt in 2017 after his law firm Public Interest Lawyers folded, was granted legal aid.

Iraqi detainees claimed they had been mistreated

The charges against him relate to the fallout from the Al-Sweady Inquiry, set up by the Government, to examine claims that British troops had massacred Iraqi detainees after the Battle of Danny Boy in May 2004.

The inquiry, which cost £25 million, concluded in 2014 that allegations of torture and murder were “wholly without foundation and entirely the product of deliberate lies, reckless speculation and ingrained hostility”.

Shiner is charged with two counts of dishonestly failing to disclose information to make a gain and one count of fraud by false representation.

He is alleged to have committed fraud by false representation in April 2015 in response to a question from the SRA, which he “knew was untrue and misleading”, so he could continue to practise as a solicitor, according to court papers.

He is also said to have “been engaged in the cold calling of clients in Iraq in relation to alleged killings of Iraqi civilians by British Army personnel at the Battle of Danny Boy”.

Iraqi detainees who were insurgents with the Shia militia Mahdi Army claimed they had been mistreated and heard the torture and murder of their compatriots.

Among the dead was 19-year-old Hamid al-Sweady, whose uncle, Khuder Al-Sweady, claimed he was murdered at the British camp.

Charges too serious to be dealt with by magistrates

Shiner is facing two charges of dishonestly failing to disclose information relating to Khuder al-Sweady’s legal aid claim over an application for a judicial review of the Ministry of Defence decision not to hold an independent inquiry into his nephew’s death.

Between Sept 18 and 20, 2007, he allegedly failed to disclose that he “had been engaging in cold calling and the payment of referral fees”.

And in a letter challenging the decision to refuse funding of the legal aid application, between Oct 11 and 13 2007, he is said to have enclosed a statement that “had been obtained through cold calling”.

Shiner brought thousands of criminal complaints on behalf of Iraqis to the Iraq Historic Investigations Team, set up by the Ministry of Defence to investigate allegations of murder, torture and other crimes. It was shut down in 2017, and no prosecutions were brought.

John Ojakovoh, prosecuting, told the court the charges were too serious to be dealt with by magistrates. Richard Thomas QC, representing Shiner, made no representations during the hearing.

District Judge Daniel Sternberg told the defendant: “I accept the position agreed by both parties that this matter is too serious to be dealt with in this court.”

He granted bail on condition that Shiner resides at his current address.