Five serving SAS soldiers are facing possible murder charges over the death of a suspected jihadist in Syria, the Mail can reveal today.
In a case that has provoked fury inside the Special Forces, top brass have alleged the troops used excessive force and should have arrested the man instead.
The soldiers, who remain on active duty, were adamant he posed a threat and intended to carry out a suicide attack.
According to Special Air Service sources, a primed suicide vest was found nearby but the suspect was not wearing it when killed. The incident, which happened two years ago, can now be reported for the first time.
Following an investigation by the Defence Serious Crimes Unit, military chiefs sent files recommending murder charges against the five soldiers to the Service Prosecuting Authority.
The SPA is the military equivalent of the civilian Crown Prosecution Service.
The soldiers, who remain on active duty, were adamant the man posed a threat and intended to carry out a suicide attack. Pictured: SAS ground troops in Syria
Fighters from the al-Qaida linked Islamic State of Iraq and the Levant marching in Raqqa, Syria
If charged, the men would appear before a court martial at a date to be confirmed. At a murder trial they would probably remain anonymous and provide testimony from behind screens.
For now, and pending a charging decision by the SPA, they are permitted to remain in service with the Herefordshire-based regiment.
The case has emerged as a High Court public inquiry continues into claims that SAS soldiers executed as many as 80 Taliban suspects in custody in Afghanistan from 2010 to 2013.
In response to the Syria case, a number of rank-and-file SAS have accused top brass of putting their careers before protecting their soldiers.
According to sources, they have suggested that senior officers are too eager to appear transparent in their handling of controversial incidents.
Apparently, they are seeking to distance themselves from their predecessors who, according to evidence heard at the ongoing public inquiry, failed to adequately investigate alleged war crimes.
A source said: ‘Seemingly a few people in the chain of command are looking for a gold star. So they’ve taken a case where five soldiers shot someone on the battlefield, not in custody, and have allowed it to be sent to the SPA as a murder case.
‘It is a reputational management exercise for these officers, who would like to command the British Army one day, and perhaps for United Kingdom Special Forces as an organisation.
‘But for the individuals at the tip of the spear, the guys who risk their lives on these treacherous operations, it is very nerve wracking.
‘They feel exposed and let down. The hierarchy want to look squeaky clean because of the inquiry. I don’t think this case would have got this far otherwise.’
UK Special Forces units have been undertaking secret operations in Syria for several years.
In 2018, Sergeant Matt Tonroe of the SAS was killed there by friendly fire during a joint operation with US units.
The Mail has been told the five SAS soldiers were watching a suspected jihadi compound at night.
Following an investigation by the Defence Serious Crimes Unit, military chiefs sent files recommending murder charges against the five soldiers to the Service Prosecuting Authority. Pictured: SAS ground troops in Syria
The judge-led public inquiry into SAS operations in Afghanistan is continuing to hear evidence. Pictured: The SAS badge
They apparently intended to detain the persons inside because, according to intelligence reports, they were preparing an attack against coalition forces.
But just before the raid was supposed to start the suspects bolted from the property. SAS troops equipped with night-vision gear tracked their movements and there was an exchange of fire.
One of the jihadists was then seen lying motionless behind a bush – either dead, wounded or simply attempting to hide.
SAS soldiers approached his position and he was shot several times at point-blank range. According to sources, additional rounds were fired because they feared he could detonate a suicide vest.
But when they searched his corpse no such device was found. However, a suicide vest was subsequently retrieved from the compound.
The judge-led public inquiry into SAS operations in Afghanistan is continuing to hear evidence.
Lord Justice Haddon-Cave is expected to report this autumn on whether he believes war crimes took place and whether they were adequately investigated at the time.
His report could trigger a fresh criminal inquiry into the shootings and the possibility that Special Forces commanders perverted the course of justice by hampering attempts by military police to probe the killings.
A Ministry of Defence spokesman said last night: ‘We hold our personnel to the highest standards and any allegations of wrongdoing are taken seriously.
‘Where appropriate, any criminal allegations are referred to the Service Police for investigation.’
Kristyan Benedict, Amnesty International UK’s Crisis Response Manager, said: ‘If UK forces in Syria are alleged to have committed war crimes in Syria then a full investigation should be immediately undertaken.
‘As a matter of principle, it’s vital that all members of the UK’s armed forces are fully answerable before the law.
‘In both Iraq and Afghanistan there’s been a glaring shortfall in how the UK authorities held members of the military to account over horrific alleged misconduct, and this must not be repeated with Syria.
‘Accountability and justice should underly everything the UK military does – no-one is above the law, including those who wear military uniforms or operate as part of special forces.’
