SAS soldiers have launched a legal fightback after a High Court judge banned them from attending hearings.
They have accused Lord Justice Haddon-Cave of acting ‘unlawfully’ and breaching ‘open justice’.
The judge is heading an inquiry at the Royal Courts of Justice into claims the SAS committed war crimes in Afghanistan.
The soldiers, through the Ministry of Defence’s Witness Legal Team (MODWLT), have applied for a Judicial Review into Haddon-Cave’s ruling.
The dramatic move comes as the Mail’s Stop the SAS Betrayal has exposed mistreatment of veterans by courts.
SAS soldiers who fought the IRA could face murder charges after a ruling by a coroner in Northern Ireland.
Their cause has triggered huge public support. Just under 200,000 people have signed an online petition to protect veterans from the Troubles era.
The SAS’s row with Haddon-Cave is set out in legal documents seen by the Mail. Pictured, photos of SAS operations posted on Facebook
SAS soldiers have accused the judge leading an inquiry into ‘war crimes’, Sir Charles Haddon-Cave of acting unlawfully
Previous witnesses at the inquiry include former Veterans Minister Johnny Mercer
Last night, Colonel Hamish de Bretton-Gordon, a former British Army commander, said: ‘It is imperative allegations of this severity are subjected to appropriate scrutiny.
‘The SAS’s legal representatives rightly want to defend the soldiers’ interests. They are also right to question how much weight can be given to anonymous accounts.’
The Independent Inquiry Relating to Afghanistan has already been sitting at the High Court in London for two years and is not expected to return a judgement before 2027.
It was ordered after evidence emerged suggesting 80 or more unarmed Afghans were executed by SAS soldiers from 2010 to 2013.
In a bid to obtain eyewitness evidence, Haddon-Cave has ruled whistleblowers can provide testimony without anyone else in court, save for a skeleton legal team.
The soldiers, some of whom could face possible murder charges, have argued this could lead to evidence being untested and taken on face value.
The secret sessions, known as Green Hearings, are expected to hear SAS soldiers shot a Taliban suspect while he was asleep.
According to the laws of armed conflict, and the soldiers’ Rules of Engagement, he should have been arrested and detained.
The MODWLT claims the judge’s ruling breaches the Inquiries Act 2005.
The legislation is supposed to protect the legal rights of witnesses who may later face criminal charges.
Veterans have protested in London about repeated historical investigations into their actions on the battlefield. The Mail’s SAS Stop the Betrayal campaign has highlighted these issues.
The SAS’s most famous action took place in 1980 when a counter-terrorist team stormed the Iranian Embassy in London ending a six-day siege.
Former Australian SAS soldier Ben Roberts-Smith, 46, recently lost a legal action to clear his name after being accused of war crimes.
The SAS’ famous motto is ‘Who Dares Wins’. But the soldiers say they are being treated unfairly by the courts.
The Judicial Review application, which will be heard by another senior judge, could grind the already lengthy inquiry to a halt.
Some of the SAS soldiers affected are still serving, some are retired.
The SAS’s row with Haddon-Cave is set out in legal documents seen by the Mail.
The papers reveal the Inquiry was approached by witnesses ‘who were only prepared to give evidence with no-one else present and on terms of complete anonymity’.
It continues: ‘In particular, there is evidence regarding an occasion during a Deliberate Detention Operation when an individual was shot in the head whilst they slept’.
The SAS say ‘very little, if no weight’ should be given to ‘untested’ evidence provided in secret hearings.
The regiment say Haddon-Cave’s ruling ‘strays unacceptably far from the principle of open justice’.
The SAS is demanding the judge applies ‘exacting standards of fairness’ to all parties, including soldiers as well as Afghan relatives of the deceased.
The situation arose after the whistleblowers claimed their lives would be endangered should their identities be revealed.
The hearings at the Royal Courts of Justice have taken evidence from Special Forces commanders, military police officers and government ministers.
The SAS, as part of the Ministry of Defence, is a Core Participant in the inquiry.
Last night, a spokesperson for the Independent Inquiry Relating to Afghanistan, said: ‘We are aware of a Judicial Review that has been brought against the Inquiry.
‘It would not be appropriate to comment whilst proceedings take place.
‘The Inquiry will continue its important work in investigating matters relating to the Terms of Reference.’
The Ministry of Defence said: ‘We recognise the right of those involved to initiate proceedings for a Judicial Review.
‘The department is rightly proud of its people, not least our Special Forces who have fought with bravery around the world.
‘We continue to support our personnel and veterans who come forward to give evidence to the Inquiry. We also support the Inquiry and its investigations.’
