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UK soldiers cleared of Iraq abuse UK soldiers cleared of Iraq abuse
(about 4 hours later)
Charges have been dropped against five out of seven soldiers on trial for abusing Iraqi civilians.Charges have been dropped against five out of seven soldiers on trial for abusing Iraqi civilians.
Col Jorge Mendonca, the highest-ranking British serviceman to face court martial, was cleared of all charges along with three of his men. Col Jorge Mendonca was cleared of all charges, along with three of his men.
A fifth soldier who had admitted mistreating Iraqi detainees in Basra was cleared of further charges.A fifth soldier who had admitted mistreating Iraqi detainees in Basra was cleared of further charges.
The Bulford Camp trial is dealing with allegations soldiers abused detainees in 2003, resulting in an Iraqi's death. The court martial at Bulford Camp in Wiltshire is dealing with claims soldiers abused detainees in September 2003, resulting in an Iraqi's death.
Col Mendonca, former commander of the Queen's Lancashire Regiment (QLR), had faced charges at the Wiltshire court martial of negligently performing a duty. Col Mendonca, 43, former commander of the Queen's Lancashire Regiment and the highest-ranking British serviceman in recent history to face court martial, had faced charges of negligently performing a duty.
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. 'Stress position'
'Beaten' claims Col Mendonca, who won a DSO (distinguished service order) in the Gulf, said he remained convinced his soldiers did "enormous good" in Basra in 2003.
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. "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," he said.
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 Timeline of case to date Colonel Mendonca profileCHARGES 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 Timeline of case to date Colonel Mendonca profile
It was claimed that some of the colonel's men abused the group of Iraqis after their arrest during a counter-insurgency operation. The trial has been dealing with claims that some of the colonel's men abused a group of Iraqis arrested at a Basra hotel where the army had found weapons 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 prosecution said that while undergoing so-called conditioning for interrogation, the group were forced to stand in the stress position - with arms outstretched and knees bent - and were beaten if they failed.
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. Baha Mousa, 26, was among the group of detainees and later died. It was found he had 93 separate injuries to his body.
Baha Mousa, 26, was among the group of detainees and later died. But Mr Justice Stuart McKinnon ordered Col Mendonca and the others to be cleared because of a lack of evidence.
'Enormous expense''Enormous expense'
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.
Shadow defence secretary Liam Fox said the trial had been of "enormous expense to the taxpayer" and questioned whether the charges should have been brought in the first place.Shadow defence secretary Liam Fox said the trial had been of "enormous expense to the taxpayer" and questioned whether the charges should have been brought in the first place.
"There is no doubt that episodes like this have caused deep resentment and a loss of confidence across the British Army," he added. Conservative MP Ben Wallace, trained by Colonel Mendonca when he was an instructor at Sandhurst, said the trial was a "political-driven initiative" to "satisfy public doubts in the Iraq conflict".
But a spokesman for the Attorney General's office said there was "no question" of the prosecution having been influenced by political pressure.
BBC correspondent Paul Wood said: "The use of the stress position was allowed back in 2003.
"The question for the coalition then, and for this court today - what is a legal and proper method of interrogating prisoners."
Trial continues
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.
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.
Hotel receptionist Baha Mousa died in custody in 2003Hotel 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. Cpl Donald Payne, 35, of the QLR, has already pleaded guilty to inhumanely treating civilian Iraqi detainees, and faces sentencing.
It was the first time this charge was brought against British servicemen under the International Criminal Court Act 2001. But he was cleared of manslaughter and of perverting the course of justice.
The fifth soldier, Cpl Donald Payne, 35, of the QLR, 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.
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 their duty.
The trial was adjourned until Monday.The trial was adjourned until Monday.