Former Defence Secretary Sir Ben Wallace has rejected claims by ex-veterans’ minister Johnny Mercer that he “lacked curiosity” when responding to allegations of a cover-up over extrajudicial killings in Afghanistan.
Mercer, who like Wallace is a former officer in the British Army, wrote to the former defence secretary in August 2020 shortly after emails in which senior officers expressed serious concerns about the killings of 33 Afghans in 11 nights in 2011 were published by The Sunday Times.
‘Highly Inaccurate’
Appearing before the inquiry on Monday, Wallace went on the offensive, describing Mercer’s claims that he lacked curiosity as “highly inaccurate,“ adding that he was ”absolutely inquisitive.”The inquiry is examining whether a unit of the elite regiment, known only as UKSF1, had a policy of executing men of “fighting age” who posed no threat in Afghanistan between 2010 and 2013.
Bereaved Afghan families have accused UK special forces of conducting a “campaign of murder” against civilians, while senior officers and personnel at the Ministry of Defence “sought to prevent adequate investigation” into the alleged war crimes.
Questioning Wallace, counsel to the inquiry Oliver Glasgow, KC, said: “Mr. Mercer described in his evidence to the inquiry that he thought you lacked curiosity when it came to responding to some of the allegations that he brought to your attention—is that a description of your attitude towards what he said to you, is it an accurate one?”
The former defence secretary replied: “I think it’s highly inaccurate.
“I think my actions, if you look at my statement, are the entire opposite of that.
“Not only did I seek to dig deeper, I also even sought to dig internationally whether or not the assurances I’d been given were truthful.
“Secondly, I established this inquiry … so I was absolutely inquisitive.”
The inquiry was announced by Wallace in 2022, after the allegations were aired in the media, including in a BBC Panorama investigation which claimed there had been 54 extrajudicial killings during one six-month tour by UKSF1.
“I held the department to account if I felt that they were not producing what we had asked for,” Wallace—who did not seek re-election as an MP in July—said.
“But I also had to reiterate that we had to act on the evidence before us, and that I also have a duty to the men and women of the armed forces to make sure that their reputation is not dragged through the mud or indeed libelled or besmirched without evidence.”
Wallace was also grilled on a letter sent by director of judicial engagement policy Peter Ryan in 2019, which concluded that allegations of special forces murders were “broadly accurate.”
Glasgow asked, “Is that the sort of submission that one needs to pay attention to, Sir Ben?”
Wallace replied, “I did pay attention to it—we are sitting in a public inquiry to get to the bottom of it.”
Questioned on whether he was worried that the allegations had been assessed by those in a position to know as “broadly accurate," the former defence secretary said, “I’ve never strayed from my belief that there may be more evidence out there.”
Two Royal Military Police investigations, codenamed Operation Northmoor and Operation Cestro, are also being scrutinised by the inquiry.
No charges were brought under Operation Northmoor—a £10 million investigation established 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 no charges followed.
Mercer Ordered to Name Sources
The allegations against the SAS are being investigated in the public inquiry at the Royal Courts of Justice chaired by Lord Justice Haddon-Cave. Law firm Leigh Day represents families of the bereaved and Brian Altman represents the Ministry of Defence.In March, Mercer was ordered by the judge to give the names of whistleblowing military personnel who had approached him with allegations of extrajudicial killings after he refused to reveal their identities when he appeared before the inquiry the previous month.
Mercer—who became a Conservative MP in 2015 after leaving the Army the previous year—said several serving officers came to see him with “serious allegations” after he began a campaign against lawyers who were bringing what he initially believed was “vexatious litigation” against the armed forces and veterans.
He said the officers were worried he would be left “out on a limb” and looking “foolish” if he insisted all the claims were untrue.
Mercer told the inquiry in March that he was angry with Wallace after discovering that UK special forces officers knew about Afghanistan death squad allegations before he described them as untrue in the House of Commons.
Overseas Operations Act
The Overseas Operations Act, passed into law by the previous Conservative government in 2021, had originally proposed British troops be protected from prosecutions for offences relating to the international rules of engagement committed more than 10 years ago.Under Wallace’s watch, this 10-year clause was halved to five years, effectively pushing the allegations of war crimes against the SAS beyond the cut-off period to bring a prosecution.
The bill was designed to prevent what the previous government characterised as “vexatious” legal claims against troops carrying out their duties abroad.
But it was criticised by some former senior members of the armed forces and human rights advocates, who said it effectively granted soldiers immunity from prosecution.
After being sent back to the Commons by the House of Lords several times, the bill was subsequently amended to exclude war crimes, torture and genocide, alongside rape and sexual violence, from immunity against prosecution. Wallace remained secretary of state for defence when it passed into law in April 2021.
Much of the inquiry has taken place behind closed doors due to reasons of national security, with many witnesses who are veterans or serving members of the armed forces given anonymity.
The inquiry continues.
