Mr Mercer had a Friday deadline to provide information to the inquiry, but is now appealing. His stance was branded as “totally unacceptable” by the head of the investigation committee.
by Tim Baker, political reporter
Thursday 4 April 2024 09:36, UK
Johnny Mercer is appealing an order to reveal the name of the person who told him about a suspected murder committed by British special forces in Afghanistan.
Mr. Mercer, Minister of Veterans Affairs, could spend time in prison about his decision not to hand over information to an independent investigator on Afghanistan.
The former soldier was asked several times by the head of the inquiry, Sir Charles Haddon-Cave, to name the person he had spoken to about the alleged killing by British forces.
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But Mercer refused to do so, saying he did not have permission from the sources.
Statutory investigators have the power under the law to order people to give evidence, and refusing to do so could result in jail time, but that possibility is still a long way off.
The order under the Investigations Act was made by Sir Charles and Mr Mercer was given until Friday this week to comply.
But he had a Wednesday deadline to appeal.
“The Independent Commission on Afghanistan has received an application from Mr Mercer to suspend the Article 21 Notification,” the commission said in a statement.
“This application will be submitted to the chair of the hearing panel, Mr Justice Haddon Cave, for consideration and a decision will be made in due course.”
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“I am aware that tomorrow is the deadline for the Afghanistan Inquiry Order requiring me to reveal the name of the whistleblower who confided in me,” Mercer wrote on social media on Tuesday.
“I have filed a challenge to the order under section 21(4) of the Referrals Act 2005 and seek stay of the section 21 notification.
“It would not be appropriate to comment further.”
Mercer said in an investigation last month that he did not name the people who came to him out of “honesty.”
He claims he was told by “multiple officers” about the alleged murder and cover-up in Afghanistan.
Sir Charles said Mr Mercer’s decision to “refuse to answer legitimate questions…at a public inquiry” was “disappointing…astonishing…and completely unacceptable”.
Afghanistan investigation started in 2022 To investigate allegations of misconduct by british army During deliberate detention operations in the country from 2010 to 2013.
