Former Army captain who was wrongfully arrested faces fresh jail threat over Iraqi deaths

Ms Webster served in the military for 24 years, rising to the rank of captain and receiving a Commanders’ Commendation in Kosovo for her work with rape victims. She performed four tours of duty in Iraq and Afghanistan and was photographed with Tony Blair in Basra soon after the invasion.

The new investigation conducted by Baroness Hallett into the deaths of Radhi Nama and Mousa Ali, who died five days apart in May 2003, was opened in November 2020 with hearings due to begin at the end of the month. The IFI is not a criminal investigation but more like a quasi-inquest.

In the letter to Ms Webster, the IFI official wrote: “It is believed that you can assist Baroness Hallett by providing evidence to her Investigation.”

The letter states that the investigation is “concerned with establishing the immediate and wider facts and circumstances of the deaths” but “is not concerned with determining civil or criminal liability”.

The letter requests Ms Webster should provide a “signed statement” relevant to the inquiry. Under the IFI’s powers, the letter goes on, a refusal to help the inquiry “without good reason” could lead to a High Court order requiring Ms Webster to attend a public hearing or provide a statement. “If you fail to comply with that order you may be liable to a fine or prison sentence,” states the letter.

Mother read out letter in floods of tears

Ms Webster’s mother had opened the letter and became distraught at the prospect, phoning her daughter in floods of tears as she read out its contents.

The decision to investigate the deaths of Mr Nama and Mr Ali was made by the MoD and passed to Baroness Hallett to conduct the inquiry. Mr Nama was detained on May 8 2003 by soldiers who had been seeking to arrest his son. According to IFI, Mr Nama was taken into custody and subsequently died, but his family were told he had a heart attack and taken to a hospital for treatment. Family members claim he had suffered cuts and bruises to his face, a boot mark to his chest and scratches on his legs. The official death certificate gave the cause as cardiac arrest.

Mr Ali, a “very obese man in his 50s”, was detained at his home five days later. His family allege he was knocked to the ground and beaten “with fists and a rifle to the head”. He was hooded and handcuffed and taken to camp Stephen where it is claimed he was beaten by soldiers. He collapsed that night and was declared dead at the scene. A subsequent death certificate gave the cause as “heart failure” and claimed the location as “in the street”.

IHAT opened investigations into the deaths in 2011 and closed them in 2019 when the Director of Service Prosecutions concluded there was insufficient evidence to bring any prosecutions.

‘This cannot happen again’

Hilary Meredith, Ms Webster’s solicitor, said on Friday: “These investigations just go on and on and on. Rachel is only a witness. Is it right to bring this all back for people like Rachel? This cannot happen again. It is pretty shocking that after all this time she has received an official letter like this sent to her elderly parents. From Rachel’s point of view everything is shut and closed and this has caused yet more trauma for rachel.”

Ms Meredith is bringing a legal claim against the MoD on behalf of dozens of Iraq War veterans who claim they were unfairly investigated by IHAT.

Johnny Mercer, a Conservative MP who conducted a parliamentary inquiry into Ihat that led to it being shut down in 2017, said: “It is hard to believe these inquiries are still going on.”

Mr Mercer, who resigned as veterans’ minister in protest at ongoing prosecutions of troops in Northern Ireland, said: “If I was still in post I would be asking serious questions about how this individual has been contacted out of the blue, and without any support at all from the department, something I was repeatedly assured over the years would not happen any more.

“Some troops operated unlawfully in Iraq – I have always called this out and lamented the MoD’s consistent and ongoing inability to hold its people to account. But this endless persecution of what – in my experience – usually turns out to be the wrong people anyway is manifestly unfair.”

IFI did not respond to a request for comment.

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