War crime allegations against the elite SAS were not referred to military police due to concerns that an investigation could harm morale and disrupt operations, a public inquiry has heard. The former chief of staff of UK Special Forces, the second highest-ranking officer at the time, testified that another factor in the decision was that some evidence originated from a rival special forces regiment.

This decision meant that the Royal Military Police were unaware for years of suspicions that members of the SAS might have been involved in extra-judicial killings and had submitted falsified reports during operations in Afghanistan. The allegations under scrutiny by the Independent Inquiry relating to Afghanistan concern actions by the SAS between 2010 and 2013, including claims of killing children and civilians.

The latest testimony, given in closed sessions and released in summarized form on Friday, revealed that the then-director of UK Special Forces opted for an internal review instead of a police referral in 2011. This approach bypassed the legal obligation for commanding officers to alert military police upon learning of potential war crimes committed by those under their command.

The internal review, which took only a week, was conducted by a UKSF officer closely associated with the SAS unit implicated in the alleged raids. It was ultimately signed off by the commanding officer of that same unit and concluded that there was no evidence of criminal wrongdoing.

According to the former chief of staff, identified at the inquiry as N2252, the director believed a military police investigation would be too protracted. An internal review was seen as a faster method to address the troubling operations and signal to those involved that their actions were being examined.

Summaries of closed evidence released over the past year have indicated that senior officers at headquarters expressed significant concerns in the spring of 2011. These concerns, stemming from whistleblower accounts and reports from Afghanistan, suggested that SAS members may have repeatedly acted outside legal boundaries.

The inquiry is examining the effectiveness and appropriateness of UK Special Forces operations in Afghanistan. The decision not to involve the military police in the initial stages of these serious allegations raises questions about accountability and the internal mechanisms for addressing potential war crimes within the military.

Further testimony is expected to shed more light on the decision-making process and the extent of knowledge at various levels of command regarding the SAS's conduct during the specified period. The inquiry aims to provide a comprehensive account of the events and determine whether war crimes were committed.