Mercer could face sentence for withholding names

Former veterans' minister Johnny Mercer is facing a potential prison sentence after his application to withhold the names of those who told him about alleged war crimes was rejected by a public inquiry.

Mr Mercer, the former Conservative MP for Plymouth Moor View, repeatedly refused to hand over the names of "multiple officers" who told him about alleged special forces murders in Afghanistan while giving evidence in February.

He told the inquiry at the time: "The one thing you can hold on to is your integrity and I will be doing that with these individuals."

Sir Charles Haddon-Cave said in his ruling: "Integrity requires moral courage to do what is right, even when it may not be popular."

In a previous order, the inquiry's chairman said the consequences of failing to comply without a reasonable excuse would be "a criminal offence punishable with imprisonment and/or a fine".

Mr Mercer then submitted an application to the inquiry on 3 April, in which he said he was unable to comply with the order and it was not reasonable for him to comply with it.

He later accused the Independent Inquiry relating to Afghanistan of "ignoring pretty serious evidence" in order to "fixate" on pressuring him to hand over the names.

In his ruling, Sir Charles said Mr Mercer told the inquiry he was a "protector of whistleblowers".

"He chose publicly, however, to disclose that friends told him about allegations of unlawful killings by (special forces) in Afghanistan," he said.

"He has since refused to disclose the names to assist the inquiry, even though: the inquiry was set up for the very purpose of looking into these allegations; he says that that his friends were merely witnesses; he could pass on their names to the inquiry privately and in strict confidence; he accepts that the inquiry protects the identities of confidential contacts; and they have protection from risk of prosecution for breach of the Official Secrets Act or failure to report misconduct."

An inquiry spokeswoman added: "Mr Mercer is refusing to disclose information which may be important to a public inquiry which is seeking to establish the truth about grave allegations of multiple murder involving UK Special Forces.

"Mr Mercer accepts the inquiry has secure measures in place to protect the names and identities of his sources and that witnesses coming forward to the inquiry have protection from risk of prosecution for breaches of the Official Secrets Act or for failure to report misconduct."

Mr Mercer now has until 25 July to hand over the names to the inquiry.

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