Phil Shiner, a once-celebrated human rights lawyer, has been handed a two-year suspended sentence after admitting to fraud charges related to false abuse allegations against British war veterans. Shiner, 67, who led the now-defunct Public Interest Lawyers, was found guilty of dishonesty and misconduct for his involvement in fabricating claims of mistreatment by UK troops during the Iraq war.
Shiner’s case, heard at Southwark Crown Court in London, centered on fraudulent actions linked to legal aid applications and the promotion of false claims, including those tied to the infamous al-Sweady inquiry. Judge Hehir, during sentencing, acknowledged the “obvious dishonesty” but noted Shiner was not driven by personal financial gain. “He got carried away with enthusiasm by his client’s cause and his judgment suffered as a result,” Hehir stated.
Legal Aid Fraud and Misconduct
In 2007, Shiner sought up to £200,000 in legal aid funding for his firm to represent clients, including Khuder al-Sweady, in a judicial review. The National Crime Agency reported that Shiner’s firm ultimately secured around £3 million in contracts, while the al-Sweady inquiry itself cost taxpayers £24 million.
The inquiry concluded that the most serious allegations of murder and torture against British troops were “entirely false” and the result of “deliberate lies.” It further determined that Hamid al-Sweady, a key figure in the claims, had been killed in combat as a “willing and active” participant in an attack on UK forces.
Shiner’s legal aid application omitted critical details, including his knowledge of agents cold-calling and soliciting clients in Iraq, which is prohibited. He also failed to disclose payments of referral fees, violating legal aid regulations.
Fall from Grace
Once a highly regarded legal professional, Shiner’s reputation has been tarnished. He was named Human Rights Lawyer of the Year in 2004 and was the Law Society’s Solicitor of the Year in 2007. However, a tribunal in 2016 revealed that Shiner admitted to acting without integrity in several instances, including a 2008 press conference where he accused British troops of unlawful killings during the Battle of Danny Boy in May 2004.
Further charges included authorizing an agent, referred to as “Z,” to solicit clients and paying financial incentives to alter evidence. One such payment amounted to £25,000. While Shiner denied dishonesty in some charges, he acknowledged acting without integrity in these matters.
Public and Legal Implications
The case has reignited discussions about the misuse of public funds and the ethical obligations of legal professionals. Richard Thomas KC, defending Shiner, argued that his client had suffered “professional ruin” as a result of the scandal. Judge Hehir clarified that Shiner was not being sentenced for the conclusions of the al-Sweady inquiry itself but for fraudulent activities linked to its funding.
The controversy surrounding Shiner’s actions has cast a shadow on the legal profession, highlighting the need for greater oversight in cases involving legal aid and high-stakes human rights claims.
