The Ministry of Defence (MoD) has requested a delay in the publication of key evidence presented to the Independent Inquiry relating to Afghanistan, citing concerns over witness anonymity.
The request was made immediately after former Kent Police Chief Constable Alan Pughsley QPM gave evidence on 28 January 2025, in which he criticised the handling of previous investigations into suspected war crimes by UK Special Forces.
The MoD, acting as a Core Participant in the inquiry, has asked for a seven-working-day delay in the publication of Pughsley’s reports, an addendum report, an executive summary, and select exhibits cited during the hearing. The department argues that existing restriction orders may not sufficiently protect witness identities, raising potential welfare concerns.
The inquiry’s chair has granted a temporary pause on publication and has directed the MoD to submit a formal Restriction Order application, including legal arguments and supporting evidence, by 4:00 PM on 6 February 2025. Other Core Participants, including the Royal Military Police (RMP) and law firm Leigh Day, as well as members of the media, have been provided with a redacted version of the MoD’s justification for the request.
The inquiry follows a BBC Panorama and AOAV investigation that linked an SAS squadron to at least 54 suspicious killings during a six-month tour of Afghanistan. It is examining whether there is credible evidence that the SAS carried out extra-judicial killings of unarmed civilians on night raids.
During Monday’s hearing, Pughsley described the RMP’s handling of previous investigations as inadequate, stating that Operation Northmoor—the £10m probe into alleged SAS war crimes—was shut down prematurely despite significant outstanding lines of inquiry.
Documents shown to the inquiry revealed that senior military figures had blocked investigators from securing key evidence, including a UK Special Forces server that was wiped by a contractor while the RMP sought access.
Tessa Gregory, a partner at Leigh Day, which represents bereaved Afghan families, said Pughsley’s testimony exposed failings at nearly every stage of the investigation, calling the premature closure of Operation Northmoor “deeply concerning.”
Dr Iain Overton, Executive Director of Action on Armed Violence (AOAV), said: “The Ministry of Defence’s decision to delay the publication of key evidence raises – as ever – concerns about their approach to transparency and accountability. This inquiry is tasked with uncovering the truth about alleged war crimes, and any attempt to restrict public access to crucial documents must be met with a raised eyebrow. The repeated failures in investigating these allegations underline the urgent need for independent oversight of military conduct in conflict zones.”
The MoD has pledged to submit its restriction order request swiftly, stating that it does not wish to delay the inquiry’s work unnecessarily.
The inquiry continues, with further developments expected after the MoD’s submission deadline next week.
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