I owe my life to Johnny Mercer, says decorated soldier pursued over Iraq war death
A decorated soldier is urging a judge to halt his pursuit of the Cabinet minister Johnny Mercer over his refusal to name special forces whistleblowers.
Bob Campbell, who was repeatedly investigated over an accidental death in Iraq, said that the veterans minister was the only politician who ever sprang to his defence.
He has said he owes his life to Mr Mercer for taking up his case.
Mr Campbell said the veterans’ minister was the “last safety net” for military personnel in distress – and that the judge’s demand that Mr Mercer named sources would undermine their ability to confide in him in the future.
Mr Mercer has been served with a section 21 notice compelling him to reveal the identities of whistleblowers who raised concerns about alleged executions of Afghans.
If he refuses to comply, Mr Mercer faces being sent to prison or, if the matter is referred to the High Court for enforcement, he could be given a potentially unlimited fine.
Sir Charles Haddon-Cave, who is chairing the Afghan inquiry into the allegations that the SAS carried out extrajudicial killings between 2010 and 2013, has expressed frustration at the “wall of silence” obstructing his investigations.
But Mr Mercer insists he is protecting vulnerable soldiers who are not involved in wrongdoing but simply raised concerns with him.
Mr Campbell, a former Army major wounded in combat, was subjected to a criminal investigation over the drowning of a teenager in Basra in 2003 but finally exonerated almost 20 years later by an official report which concluded the death was an accident.
A parliamentary inquiry into the treatment of veterans by Mr Mercer, a former Army captain who served three tours in Afghanistan, forced the Government into shutting down the Iraq Historic Allegations Team (Ihat), which was investigating hundreds of cases almost all of them raised by Phil Shiner, a lawyer subsequently struck off for dishonesty.
Mr Campbell, in urging the judge to rescind his section 21 order, told The Telegraph: “Johnny Mercer’s position on this is about the public interest of whistleblowers being assured they can speak to figures of authority in confidence.
“I was failed by the chain of command and utterly abused by the judicial system while under investigation by the Iraq Historic Allegations Team.
“The last safety net for service personnel when they have nowhere left to turn is to speak to an MP. I fully support Johnny’s position on this.”
Mr Campbell has told The Telegraph: “If it were not for Johnny Mercer, I would be dead today. He filled the Army-shaped void that was absent for 17 years in holding the MoD to account. The Army just did not care about us.”
Lord Justice Haddon-Cave gave Mr Mercer a deadline of Friday April 5 to reveal his sources or else be prosecuted for contempt. If Mr Mercer is found guilty by a High Court judge, he could then be jailed or fined while he would also be in breach of the ministerial code. Rishi Sunak would then have to decide whether to sack or retain one of the few members of the cabinet with name recognition and a wider appeal.
Mr Mercer lodged his appeal against the section 21 notice on Wednesday.
Lord Justice Haddon-Cave will consider the request to set aside the notice.
SAS in Afghanistan
Mr Mercer, warned by whistleblowers in 2017 about their concerns over the behaviour of the SAS in Afghanistan, then raised them inside the Ministry of Defence.
Friends of Mr Mercer insist that he was the only senior politician prepared to flag up the problems in Afghanistan.
Gen Lord Dannatt, the former head of the Army, said the Afghan inquiry appeared to have misunderstood why Mr Mercer was refusing to name his sources.
Lord Dannatt said: “Johnny Mercer is not withholding the names of his sources from the inquiry because he believes there is a risk the information could be exposed, as the inquiry seems to think.
“These whistleblowers came to Mercer in confidence and have not given him permission to hand over their names, which is why he has not done so. He believes it is fundamentally important that he maintains the trust that whistleblowers can speak to MPs in confidence.”
David Taylor, a barrister who represented veterans wrongfully arrested by Ihat, said: “Johnny Mercer was the only MP who was willing to listen.
“Some veterans felt suicidal because of Ihat’s relentless pursuit of them. Johnny Mercer was the only MP with the integrity and compassion willing to listen to their plight.”