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UK soldiers cleared of Iraq abuse UK soldiers cleared of Iraq abuse
(about 1 hour later)
Charges have been dropped against five out of seven soldiers on trial over allegations of abusing Iraqi civilians. Charges have been dropped against five out of seven soldiers on trial for abusing Iraqi civilians.
Col Jorge Mendonca MBE, the highest-ranking British serviceman to face a court martial, had his charges dropped along with four of his men. Col Jorge Mendonca, the highest-ranking British serviceman to face court martial, was cleared of all charges along with three of his men.
The court martial judge at Bulford Camp in Wiltshire ruled that the five soldiers had no case to answer. A fifth soldier who had admitted mistreating Iraqi detainees in Basra was cleared of further charges.
The seven men had stood accused of abusing Iraqi detainees leading to the death of hotel receptionist Baha Mousa. The Bulford Camp trial is dealing with allegations soldiers abused detainees in 2003, resulting in an Iraqi death.
Col Mendonca, former commander of the Queen's Lancashire Regiment (QLR), had faced charges of negligently performing a duty. Col Mendonca, former commander of the Queen's Lancashire Regiment (QLR), had faced charges of negligently performing a duty at the Wiltshire court martial.
He had been accused of failing to ensure his men did not ill-treat Iraqi detainees in Basra in September 2003. The 43-year-old, who was rewarded for his service in the Gulf with a DSO (distinguished service order), had been accused of failing to ensure his men did not ill-treat Iraqi detainees in Basra in September 2003.
Alleged abuse 'Worked hard'
After his acquittal, he said he remained convinced his soldiers did "enormous good" in Iraq and that it was a privilege to have been a commander.
Col Mendonca said: "I remain convinced that Queen's Lancashire did enormous good in the city of Basra in 2003," he said.
"Every one of my soldiers and officers worked extremely hard under indescribably difficult conditions to make Basra a better place, and I just hope that fact is not forgotten in the aftermath of this trial."
CHARGES IN FULL Col Jorge Mendonca - cleared of negligently performing a dutySgt Kelvin Stacey - cleared of common assault L/Cpl Wayne Crowcroft - cleared of inhumane treatment Pte Darren Fallon - cleared of inhumane treatment Cpl Donald Payne - admitted inhumane treatment, cleared of manslaughter and perverting the course of justiceWarrant Officer Mark Davies - charged with negligently performing a dutyMaj Michael Peebles - charged with negligently performing a duty
It was claimed that some of the colonel's men abused the group of Iraqis after their arrest during a counter-insurgency operation.It was claimed that some of the colonel's men abused the group of Iraqis after their arrest during a counter-insurgency operation.
They had been arrested on 14 September at the Haitham Hotel, Basra, where the army had found weapons including rifles, bayonets and suspected bomb-making equipment.They had been arrested on 14 September at the Haitham Hotel, Basra, where the army had found weapons including rifles, bayonets and suspected bomb-making equipment.
The trial centred on claims that the group of detainees was taken to a temporary detention centre where they were held for 36 hours and repeatedly beaten while handcuffed and forced to wear sacks on their heads. The trial centred on claims that the detainees were taken to a temporary detention centre where they were held for 36 hours and repeatedly beaten while handcuffed and forced to wear sacks on their heads.
Mr Mousa, 26, was among the group of detainees and later died. Baha Mousa, 26, was among the group of detainees and later died.
But Mr Justice Stuart McKinnon requested the court panel, the military equivalent of a jury, acquit the five soldiers of charges after "no case to answer" submissions from their legal teams. Mr Justice Stuart McKinnon, sitting at the court martial, requested the court panel - the military equivalent of a jury - acquit the five soldiers of charges after "no case to answer" submissions from their legal teams.
Sergeant Kelvin Stacey, 30, of the QLR, was cleared of assault occasioning actual bodily harm and common assault.Sergeant Kelvin Stacey, 30, of the QLR, was cleared of assault occasioning actual bodily harm and common assault.
Hotel receptionist Baha Mousa died in custody in 2003
And L/Cpl Wayne Crowcroft, 22, and Private Darren Fallon, 23, both of the QLR, now merged with the Duke of Lancaster's Regiment, were both cleared of treating Iraqis inhumanely.And L/Cpl Wayne Crowcroft, 22, and Private Darren Fallon, 23, both of the QLR, now merged with the Duke of Lancaster's Regiment, were both cleared of treating Iraqis inhumanely.
It was the first time this charge was brought against British servicemen under the International Criminal Court Act 2001.It was the first time this charge was brought against British servicemen under the International Criminal Court Act 2001.
War crime
The fifth soldier, Cpl Donald Payne, 35, of the QLR, had became the first British soldier to admit to a war crime after pleading guilty to inhumanely treating civilian Iraqi detainees at the start of the trial.The fifth soldier, Cpl Donald Payne, 35, of the QLR, had became the first British soldier to admit to a war crime after pleading guilty to inhumanely treating civilian Iraqi detainees at the start of the trial.
But he was cleared of Mr Musa's manslaughter and a further charge of perverting the course of justice.But he was cleared of Mr Musa's manslaughter and a further charge of perverting the course of justice.
However, "no case" applications made on behalf of two of the other soldiers were dismissed by the judge.However, "no case" applications made on behalf of two of the other soldiers were dismissed by the judge.
Maj Michael Peebles, 35, and Warrant Officer Mark Davies, 37, both of the Intelligence Corps, remain on trial.Maj Michael Peebles, 35, and Warrant Officer Mark Davies, 37, both of the Intelligence Corps, remain on trial.
They both deny charges of negligently performing the duty of ensuring the Iraqis were not ill-treated by men under their command.They both deny charges of negligently performing the duty of ensuring the Iraqis were not ill-treated by men under their command.