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An army investigation into the case, potentially one of the most damaging allegations against British troops to emerge from the war, has allegedly repeatedly been stalled by senior officers, including one of the army’s most respected generals.
But a Metropolitan police investigation is understood to have confirmed the initial suspicions of army investigators that, despite being disabled by machinegun fire, the Iraqi was shot at point-blank range.
Zahir Zabti Zaher was killed in the same incident in which Sergeant Steven Roberts died near al-Zubayr, southwest of Basra, on March 24, 2003, three days into the war. The incident became notorious when it emerged that equipment shortages had left Roberts without any body armour.
The Crown Prosecution Service is still considering whether to take the case to court, with two soldiers facing possible murder charges and one a charge of manslaughter.
The new allegations of an “execution” explain an angry exchange of letters in November 2004 between Geoff Hoon, the former defence secretary, and Lord Goldsmith, the attorney-general, over alleged attempts by senior officers to block an investigation.
Goldsmith was so concerned over the implications of the case that he took it out of the hands of the military and gave it to the Met and the civilian courts system.
Goldsmith wanted Major-General Peter Wall and other senior officers to be interviewed by the Met over what he said was evidence of “a concerted attempt by the chain of command to influence and prevent an investigation into this matter”.
Goldsmith was “extremely angry” when Hoon refused to allow Wall to be interviewed by police, one defence source said last week. More than a year later he has still not been interviewed.
The role of officers in the case goes to the heart of the attorney-general’s concerns over the lack of independence of the military police, who remain part of the army command structure and can pursue investigations only with the agreement of military commanders.
Although officers and soldiers work very closely together during military operations, officers have been charged in only one of the six investigations into alleged breaches of the Geneva conventions by British troops in Iraq.
That was in the case of Baha Musa, an Iraqi hotel worker who died in the custody of the Queen’s Lancashire Regiment. After Goldsmith’s intervention Colonel Jorge Mendonca, the battalion’s then commanding officer, and Major Michael Peebles, an Intelligence Corps interrogator, were charged with neglect.
The army Special Investigations Branch (SIB) inquiry into the killings of Roberts and Zaher was repeatedly blocked by senior officers from the very start, defence sources close to the original investigation alleged. A three-man team from 61 Section SIB sent to al-Zubayr found large numbers of spent British cartridge cases but no evidence that any Iraqis had fired any weapons. They spoke to soldiers and Iraqi witnesses to piece together what happened.
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