Why Tory minister Johnny Mercer could face jail over Afghanistan evidence

The minister for veterans' affairs has been ordered to name sources who told him about alleged war crimes by British soldiers – or face a possible jail sentence.

Tory MP Johnny Mercer, a former soldier, has until 5 April to provide a witness statement to an independent inquiry that is "investigating whether British special forces killed civilians and unarmed people on night raids in Afghanistan", said the BBC. 

The inquiry, which opened in October, is looking into allegations that 80 Afghans were killed by members of three British SAS units between 2010 and 2013. Failure to comply with the order could result in Mercer facing a jail sentence or fine.

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What did Mercer tell the inquiry?

Mercer last month gave an "extraordinary" witness statement to the inquiry that "reads like a treatment for a film", said Prospect magazine.

The MP for Plymouth Moor View "in effect" admitted that he believed members of the SAS had engaged in dozens of extrajudicial killings of Afghan civilians in the early 2010s, said The Guardian.

The former commando told the inquiry that he had become aware of the SAS allegations over time, starting with an "odour and pallor" that dated back to his last tour of Afghanistan in 2010.

The claims came to his attention again in 2017, after he became an MP, when two military colleagues warned him about the seriousness of the allegations. Mercer said that a senior officer detailed the scale of the official investigation into the alleged killings, while another former soldier said he had been asked to carry a "dropped weapon" – an untraceable weapon that could be used to falsely suggest an unarmed victim had posed a threat to British troops.

Mercer told the inquiry that he became increasingly alarmed by the allegations after internal investigations found there were no video recordings from a number of operations of concern, which Mercer considered to be "implausible".

Why could Mercer face jail?

Charles Haddon-Cave, who chairs the Afghanistan public inquiry, has issued Mercer with a Section 21 notice under the Inquiries Act 2005, compelling him to reveal the names of his sources, which the inquiry has said will be "treated in confidence".

But Mercer has repeatedly refused to reveal the names and identities of the "multiple officers" whom he claims told him of the allegations.

If Mercer continues to defy the order, he could face prosecution by the inquiry in a magistrates' court or be found in contempt in the High Court. 

Sources speaking to The Telegraph reported that a conviction in the High Court "could lead to imprisonment of up to two years or an unlimited fine". If found guilty by magistrates, the MP could be given a criminal conviction and a possible prison sentence of up to six months.

Why won't Mercer reveal his sources? 

A friend of Mercer told The Telegraph that those who spoke to the minister about the allegations "are not people who are in any way suspects". Rather, they are "vulnerable soldiers and veterans who for their own legitimate reasons didn't want to engage with the inquiry".

"This is not about him protecting wrongdoers," said the unnamed source. "But Johnny has spent his entire political career protecting junior ranks, and he won't change that." 

Haddon-Cave cautioned the minister last month to "decide which side you are really on". The inquiry chair asked: " Is it assisting the inquiry fully and the public interest and the national interest in getting to the truth of these allegations quickly, for everyone's sake? Or ­being part of what is – in effect – an omertà, a wall of silence."