UK Ministry of Defence Admits "Regrettable Failure" in SAS Inquiry Document Discovery

The Ministry of Defence has called the discovery of 97 million files, more than three years after an inquiry into alleged war crimes by UK special forces in Afghanistan began, a "regrettable failure." The admission came after the inquiry's chair, Lord Justice Haddon-Cave, described the late disclosure as "troubling" and "extraordinary news."

The independent inquiry was established in 2022 to investigate allegations of unlawful killings by members of the Special Air Service (SAS) between 2010 and 2013, during night raids targeting the Taliban. The inquiry has yet to issue any findings.

MoD lawyers were summoned to a hearing Friday to explain the delay in finding the documents. Steven Gray KC, representing the MoD, apologized, stating the ministry "fell short." He described the failure as one of communication, not application, and emphasized the ministry's efforts to search through documents across multiple IT systems and classifications at significant expense. Gray added that steps are being taken to prevent similar occurrences.

Lawyers for the bereaved families expressed dismay, calling the late surfacing of the documents "staggering" and another instance of the MoD hindering the justice process. They stressed that obtaining the truth about their loved ones' deaths is paramount.

Within the newly discovered files, the MoD has identified thousands of potentially relevant documents, including images that appear to have been taken during operations under investigation. However, the ministry noted that much of the material may not be related to the inquiry's terms of reference.

The Independent Inquiry relating to Afghanistan (IIA) confirmed it has not yet received any of the new material. SAS troops conducted night-time arrest raids, known as Deliberate Detention Operations (DDOs), to target Taliban commanders and bombmakers, and gather intelligence. Following these raids, SAS members and support staff documented those killed and collected intelligence from devices.

Forensic experts are examining photographs from these operations to determine if the SAS's accounts align with ballistic evidence. The inquiry was prompted by years of reporting, including BBC Panorama investigations, which presented evidence suggesting the SAS deliberately killed individuals, including children and detainees, who posed no threat during raids. The inquiry has also heard testimony from senior military personnel who believed the SAS engaged in extrajudicial killings and concerns about the secrecy surrounding SAS operations and the premature closure of previous investigations.

Lord Justice Haddon-Cave stated the need for any relevant material to be "quickly identified and disclosed" and intends to hold another hearing next month to question the MoD on its progress. The MoD reiterated its commitment to supporting the inquiry, regretting its disclosure process was "not as prompt or consistent as it should have been."

The IIA, established by then-Defence Secretary Ben Wallace following the BBC's 2022 revelations, has faced criticism for delays and rising costs. Initially expected to provide a report 12-18 months after its 2022 establishment, it has yet to publish findings after nearly four years. The inquiry has already cost the public purse an estimated £58 million, with approximately half attributed to the MoD and government costs for legal representation and responding to the inquiry.

Public inquiries are often lengthy and expensive; the Grenfell Tower inquiry, for instance, took over seven years and cost more than £170 million. Lord Justice Haddon-Cave has set a deadline of April 30, 2027, for hearing all evidence and is seeking assurances that the recent document discovery will not further delay the inquiry's work.