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| Iraq abuse prosecution 'unfair' | Iraq abuse prosecution 'unfair' |
| (10 minutes later) | |
| A barrister representing a soldier who abused Iraqi prisoners said it was "deeply unfair" his client's commanding officers faced lesser charges. | A barrister representing a soldier who abused Iraqi prisoners said it was "deeply unfair" his client's commanding officers faced lesser charges. |
| Corporal Donald Payne, 35, has admitted treating Iraqi civilian detainees inhumanely but denies manslaughter. | Corporal Donald Payne, 35, has admitted treating Iraqi civilian detainees inhumanely but denies manslaughter. |
| His lawyer said it was "deeply unattractive" that Cpl Payne's senior officers faced the lesser charge of negligently performing their duties. | His lawyer said it was "deeply unattractive" that Cpl Payne's senior officers faced the lesser charge of negligently performing their duties. |
| A court martial involving seven troops is being held at Bulford Camp, Wilts. | A court martial involving seven troops is being held at Bulford Camp, Wilts. |
| Two other soldiers from the Duke of Lancaster's Regiment - L/Cpl Wayne Crowcroft, 22, and Pte Darren Fallon, 23 - deny the charge of inhumane treatment. | |
| Three more senior soldiers, including former regimental commander Colonel Jorge Mendonca, face a charge of negligently performing a duty - that of failing to ensure nine Iraqi detainees were not ill-treated. | Three more senior soldiers, including former regimental commander Colonel Jorge Mendonca, face a charge of negligently performing a duty - that of failing to ensure nine Iraqi detainees were not ill-treated. |
| The charges relate to the death of Baha Mousa, 26, in custody in Basra in 2003 and also the alleged ill-treatment of other detainees. | The charges relate to the death of Baha Mousa, 26, in custody in Basra in 2003 and also the alleged ill-treatment of other detainees. |
| Mr Mousa, a hotel receptionist, was among a group of detainees arrested following a counter-insurgency operation. | Mr Mousa, a hotel receptionist, was among a group of detainees arrested following a counter-insurgency operation. |
| CHARGES IN FULL Cpl Donald Payne - manslaughter, inhumane treatment of persons, perverting the course of justiceL/Cpl Wayne Crowcroft - inhumane treatment of personsPte Darren Fallon - inhumane treatment of personsSgt Kelvin Stacey - actual bodily harm, alternatively assaultWarrant Officer Mark Davies - negligently performing a dutyMaj Michael Peebles - negligently performing a dutyCol Jorge Mendonca - negligently performing a duty | CHARGES IN FULL Cpl Donald Payne - manslaughter, inhumane treatment of persons, perverting the course of justiceL/Cpl Wayne Crowcroft - inhumane treatment of personsPte Darren Fallon - inhumane treatment of personsSgt Kelvin Stacey - actual bodily harm, alternatively assaultWarrant Officer Mark Davies - negligently performing a dutyMaj Michael Peebles - negligently performing a dutyCol Jorge Mendonca - negligently performing a duty |
| Cpl Payne, who also denies perverting the course of justice, is the first British serviceman to be convicted of a war crime. | Cpl Payne, who also denies perverting the course of justice, is the first British serviceman to be convicted of a war crime. |
| On Monday, Tim Owen QC, representing Cpl Payne, told the court martial's seven-man judging board: "You may think that there is something deeply unattractive, deeply unfair about a prosecution which applies one set of rules to the junior ranks - those operating at the sharp end - and a different set of rules to those higher up the chain of command." | On Monday, Tim Owen QC, representing Cpl Payne, told the court martial's seven-man judging board: "You may think that there is something deeply unattractive, deeply unfair about a prosecution which applies one set of rules to the junior ranks - those operating at the sharp end - and a different set of rules to those higher up the chain of command." |
| To be guilty does not necessarily mean being the one who commits the act but could mean aiding or abetting it, he added. | To be guilty does not necessarily mean being the one who commits the act but could mean aiding or abetting it, he added. |
| He said Colonel Mendonca, Major Michael Peebles, Warrant Officer Mark Davies and three other officers not on trial had escaped the stronger charge and three individuals had been singled out. | He said Colonel Mendonca, Major Michael Peebles, Warrant Officer Mark Davies and three other officers not on trial had escaped the stronger charge and three individuals had been singled out. |
| He said Cpl Payne now accepted he used force - kicks, punches, slaps - but his lies previously in interview "were a result of the belief that he was being unfairly singled out". | He said Cpl Payne now accepted he used force - kicks, punches, slaps - but his lies previously in interview "were a result of the belief that he was being unfairly singled out". |
| Timothy Langdale QC, defence for Colonel Mendonca said his client - who was later awarded a Distinguished Service Order (DSO) for his gallant conduct in Iraq - had only been charged in "hindsight", 22 months after the alleged abuse. | Timothy Langdale QC, defence for Colonel Mendonca said his client - who was later awarded a Distinguished Service Order (DSO) for his gallant conduct in Iraq - had only been charged in "hindsight", 22 months after the alleged abuse. |
| Mr Langdale said the colonel, in fraught circumstances, could not have been expected to know exactly what his men were doing all the time. | Mr Langdale said the colonel, in fraught circumstances, could not have been expected to know exactly what his men were doing all the time. |
| Charge list | Charge list |
| The inhumane treatment of persons charge faced by Cpl Payne, L/Cpl Wayne Crowcroft and Pte Darren Fallon, is being brought as a war crime charge under the International Criminal Court Act (ICCA) 2001. | The inhumane treatment of persons charge faced by Cpl Payne, L/Cpl Wayne Crowcroft and Pte Darren Fallon, is being brought as a war crime charge under the International Criminal Court Act (ICCA) 2001. |
| The court martial, at the Military Court Centre at Bulford Camp on Salisbury Plain, Wiltshire, is the first time British military personnel have been prosecuted under the Act. | The court martial, at the Military Court Centre at Bulford Camp on Salisbury Plain, Wiltshire, is the first time British military personnel have been prosecuted under the Act. |
| Sgt Kelvin Stacey, 29, of the Duke of Lancaster's Regiment, is accused of assault occasioning actual bodily harm with an alternative count of common assault. | Sgt Kelvin Stacey, 29, of the Duke of Lancaster's Regiment, is accused of assault occasioning actual bodily harm with an alternative count of common assault. |
| Maj Michael Peebles, 35, and Warrant Officer Mark Davies, 37, both of the Intelligence Corps, face charges of negligently performing a duty. | Maj Michael Peebles, 35, and Warrant Officer Mark Davies, 37, both of the Intelligence Corps, face charges of negligently performing a duty. |
| And Col Jorge Mendonca, 42, formerly commander of the Queen's Lancashire Regiment - which is now renamed as the Duke of Lancaster's Regiment - is charged with negligently performing his duties. | And Col Jorge Mendonca, 42, formerly commander of the Queen's Lancashire Regiment - which is now renamed as the Duke of Lancaster's Regiment - is charged with negligently performing his duties. |