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Soldiers cleared over Iraq abuse Soldiers cleared over Iraq abuse
(about 1 hour later)
A court martial has cleared two UK soldiers of failing to ensure their men did not abuse Iraqi civilians in Basra.A court martial has cleared two UK soldiers of failing to ensure their men did not abuse Iraqi civilians in Basra.
Maj Michael Peebles and Warrant Officer Mark Davies had denied charges of negligently performing their duties.Maj Michael Peebles and Warrant Officer Mark Davies had denied charges of negligently performing their duties.
Four of their colleagues, including commanding officer Col Jorge Mendonca, had previously been cleared at the hearing in Bulford, Wiltshire. In all, six soldiers were acquitted at the hearing in Bulford, Wiltshire. A seventh soldier had previously admitted one charge of inhumane treatment.
The allegations arose after the death of an Iraqi prisoner, Baha Mousa, in British custody during September 2003.The allegations arose after the death of an Iraqi prisoner, Baha Mousa, in British custody during September 2003.
One British soldier, Cpl Donald Payne, pleaded guilty at the start of the hearing last September to one charge of inhumane treatment. Cpl Donald Payne, who admitted inhumane treatment, is the only soldier to have been convicted at the end of the six-month hearing.
'Come unstuck''Come unstuck'
Gilbert Blades, solicitor for Maj Peebles, said the case highlighted the flaws of the court martial process. Senior soldiers and defence lawyers hit out at the court martial system following the Tuesday's acquittals.
We are relieved that today, after three and a half years, there is a sense of closure Col David Black Timeline: Iraq abuse trial
Gilbert Blades, solicitor for Maj Peebles, said the case "exposed the weaknesses and gaps" in the system.
"If charges are brought, the case should be capable of standing up to scrutiny by the court," he said."If charges are brought, the case should be capable of standing up to scrutiny by the court," he said.
But Mr Blades claimed that none of the soldiers who faced court martial should have been charged - with the exception of Cpl Payne.But Mr Blades claimed that none of the soldiers who faced court martial should have been charged - with the exception of Cpl Payne.
"They need to examine the process by which they reach a stage of making a decision. "[Prosecutors] have come unstuck every time they have dealt with this type of case," he added.
"[Prosecutors] have come unstuck every time they have dealt with this type of case." The seven soldiers were all from the Queen's Lancashire Regiment.
The court martial dealt with claims the soldiers abused a group of Iraqis arrested at a Basra hotel where the Army had found weapons and suspected bomb-making equipment. 'Extraordinary ordeal'
The prosecution has 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. Col David Black, of the QLR's Regimental Council, said that British servicemen needed to operate without being "inhibited by the fear of such actions by over zealous and remote officialdom".
Baha Mousa, 26, was among the group of detainees and later died. It was found he had 93 separate injuries to his body. Col Jorge Mendonca was cleared of negligently performing a duty
Col Black labelled the trial an "extraordinary ordeal" for the soldiers, their families and the regiment as a whole.
"We are relieved that today, after three and a half years, there is a sense of closure."
But Phil Shiner, who represented the Iraqis at the court martial, labelled the outcome a "travesty".
"It gives the victims nothing. It raises more questions than it answers."
The court martial dealt with claims that the soldiers abused a group of Iraqis arrested at a Basra hotel where the Army had found weapons and suspected bomb-making equipment.
Among those charged but later acquitted was Col Jorge Mendonca - the most senior UK soldier in recent history to face a court martial.
Baha Mousa, 26, was among the group of detainees. He later died.
It was found he had 93 separate injuries to his body.