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Al-Sweady inquiry stalled as Iraqi families drop claims of unlawful deaths Al-Sweady inquiry stalled as Iraqi families drop claims of unlawful deaths
(about 2 hours later)
A year-long public inquiry into the most serious allegations made against British soldiers in Iraq stalled dramatically on Thursday, when lawyers representing Iraqi families withdrew their claim that the troops had killed unarmed civilians that had been captured and brought back to an army base. A year-long public inquiry into the most serious allegations made against British soldiers in Iraq stalled dramatically on Thursday, when lawyers representing Iraqi families withdrew their claim that the troops had killed unarmed civilians they had captured and brought back to an army base.
In a statement, Public Interest Lawyers, said there was insufficient evidence to support the claim. "Following the conclusion of the military evidence and current state of disclosure by the MoD it is our view there is insufficient material to establish that Iraqi civilians were unlawfully killed whilst in the custody of British troops at Camp Abu Naji [the British camp north of Basra] ", the law firm said. In a statement, Public Interest Lawyers (PIL), said there was insufficient evidence to support the claim. "Following the conclusion of the military evidence and current state of disclosure by the MoD it is our view there is insufficient material to establish that Iraqi civilians were unlawfully killed whilst in the custody of British troops at Camp Abu Naji [the British camp north of Basra]," the law firm said.
It added: "There remain numerous allegations of violent and other ill-treatment of Iraqi civilians in British custody which the inquiry will have to consider". The families say it is still possible that ill-treatment occurred at the camp but outside of the medical centre. It added: "There remain numerous allegations of violent and other ill-treatment of Iraqi civilians in British custody which the inquiry will have to consider." The families say it is still possible that ill-treatment occurred at the camp but outside of the medical centre.
Patrick O'Connor QC, representing the Iraqis, told the inquiry that their concession did not mean that they did not believe that some Iraqis may have been unlawfully killed on a battlefield – although that would be out of the scope of the inquiry. Sir Thayne Forbes, chairman of the inquiry described the statement as "of very considerable significance". Patrick O'Connor QC, representing the Iraqis, told the inquiry their concession did not mean they did not believe some Iraqis may have been unlawfully killed on a battlefield – although that would be out of the scope of the inquiry. Sir Thayne Forbes, the inquiry chairman, said the statement was "of very considerable significance".
John Dickinson, of PIL, said: "From the outset the families have had the simple objective of discovering the extent of any wrongdoing and if so how it came about and who was responsible."John Dickinson, of PIL, said: "From the outset the families have had the simple objective of discovering the extent of any wrongdoing and if so how it came about and who was responsible."
The al-Sweady inquiry – named after a 19 year-old Iraqi allegedly killed by British troops – was set up after the courts castigated the MoD for not conducting its own investigation into the allegations made after a fierce gun battle on 14 May 2004. High court judges accused it of "lamentable" behaviour and serious breaches of its duty of candour. The al-Sweady inquiry, taking its name from a 19-year-old Iraqi allegedly killed by British troops, was set up after the courts castigated the MoD for not conducting its own investigation into the allegations made over a fierce gunfight on 14 May 2004, known as the battle of Danny Boy after a British checkpoint near Majar al-Kabir, north of Basra.
The gunfight was known as the battle of Danny Boy, after a British checkpoint near Majar al-Kabir, north of Basra. The claims made by the Iraqi families appear to have been prompted by an order from senior British army officers that Iraqis killed in the battle should be brought back to Camp Abu Naji. Nine Iraqis were also captured. High court judges accused the MoD of "lamentable" behaviour and serious breaches of its duty of candour.
Army witnesses to the inquiry said they had never before heard of such an order. It was prompted, the inquiry heard, to discover whether a ringleader behind the massacre of six British military police officers nearby a year before was among the dead. Iraqi families' claims appear to have been prompted by an order from senior British army officers that Iraqis killed in the battle should be brought back to Camp Abu Naji. Nine Iraqis were also captured.
The bodies of the dead were taken to an Iraqi hospital the day after the battle, in which weapons ranging from high-velocity rifles to fixed bayonets, were used, the inquiry heard. Many of them were in a horrific state, so horrific that the inquiry has said it will not publish photographs of them. Some of the relatives of the dead alleged that they had been killed in the British camp. O'Connor also conceded that the detained Iraqis were not mistreated in the British camp.The inquiry has also heard mounting evidence that some Iraqis captured after the battle were mistreated by British troops. Some soldiers admitted abusing their prisoners, some changed their evidence. The inquiry also heard that commanders of the 1 Battalion Princess of Wales Royal Regiment obstructed attempts by the military police to conduct its own inquiry. Army witnesses to the inquiry said they had never before heard of such an order. It was prompted, the inquiry heard, to learn whether a ringleader behind the massacre of six British military police officers nearby a year before was among the dead.
The Inquiry has sat for 167 days – over 42 weeks – and heard evidence from 281 witnesses, of which 55 were Iraqi and 221 from the British military. It has cost £22m so far. The bodies of the dead were taken to an Iraqi hospital the day after the battle – in which weapons ranging from high-velocity rifles to fixed bayonets, were used – the inquiry heard. Many of them were in a horrific state, so horrific that the inquiry has said it will not publish photographs of them.
Closing submissions will be heard next month and Forbes hopes to complete his report by the end of the year. What happened during the battle of Danny Boy itself was outside the terms of the al-Sweady inquiry. Some of the families of the dead alleged that their relatives had been killed in the British camp.
The inquiry has also heard mounting evidence that some Iraqis captured after the battle were mistreated by British troops. Some soldiers admitted abusing their prisoners, some changed their evidence. The inquiry also heard that commanders of the 1 Battalion Princess of Wales Royal Regiment (1PWRR) obstructed attempts by the military police to conduct its own investigation.
The inquiry has sat for 167 days – over 42 weeks – and heard evidence from 281 witnesses, of which 55 were Iraqi and 221 from the British military. It has cost £22m so far.
Closing submissions will be heard next month and Forbes hopes to complete his report by the end of the year. What happened during the battle of Danny Boy itself was outside the terms of the inquiry.
However, Wednesday's concessions may have serious implications for more than 100 other cases involving allegations of abuse by British troops during the Iraqi insurgency.However, Wednesday's concessions may have serious implications for more than 100 other cases involving allegations of abuse by British troops during the Iraqi insurgency.
Mounting allegations, many made through PIL, led the MoD to set up an Iraqi historical allegations team, which is currently investigating about 180 cases.Mounting allegations, many made through PIL, led the MoD to set up an Iraqi historical allegations team, which is currently investigating about 180 cases.
Though the inquiry heard dramatic evidence, both of the intense fighting after the soldiers were ambushed and how unprepared the troops – from experienced sergeants to raw teenagers newly recruited to the army – were for the insurgency in Iraq. Francis Myatt, 1PWRR's chaplain, told the inquiry: "I've never seen so many dead in one place." The inquiry has heard dramatic evidence, both of the intense fighting after the soldiers were ambushed and how unprepared the troops – from experienced sergeants to raw teenagers newly recruited to the army – were for the insurgency. Francis Myatt, 1PWRR's chaplain, told the inquiry: "I've never seen so many dead in one place."
Duncan Aston, an 18-year-old soldier, told the inquiry that his sergeant, Paul Kelly, fired around 30 rounds into a pile of Iraqi bodies from around 16ft-20ft away. "He put a full magazine of bullets into both bodies that had been twitching but he also fired into the bodies of the other dead gunmen in the ditch." Kelly later denied Aston's claims.Duncan Aston, an 18-year-old soldier, told the inquiry that his sergeant, Paul Kelly, fired around 30 rounds into a pile of Iraqi bodies from around 16ft-20ft away. "He put a full magazine of bullets into both bodies that had been twitching but he also fired into the bodies of the other dead gunmen in the ditch." Kelly later denied Aston's claims.
Lieutenant William Passmore described the experience of carrying a dead Iraqi to a Warrior armoured vehicle to be taken to the British camp as horrific. Kevin Burgess, the most senior medic at the camp – who, like Passmore, came close to breaking down as he gave evidence, described the experience of inspecting the dead bodies: "It was a complete mess the whole night." Referring to attempts to clean up the bodies, he added: "I was just working myself to the bone and just did what I could."Lieutenant William Passmore described the experience of carrying a dead Iraqi to a Warrior armoured vehicle to be taken to the British camp as horrific. Kevin Burgess, the most senior medic at the camp – who, like Passmore, came close to breaking down as he gave evidence, described the experience of inspecting the dead bodies: "It was a complete mess the whole night." Referring to attempts to clean up the bodies, he added: "I was just working myself to the bone and just did what I could."
Stuart Henderson, a sergeant in the 1st Battalion Argyll and Sutherland Highlanders, described how he fired at two men no more than a foot away, whom he judged were about to kill him. Afterwards he ordered his men to load 10 bodies "unceremoniously" into Land Rovers. He said: "I recall I put my boot on the head of the body and pushed it into the Land Rover so I could shut the tailgate."Stuart Henderson, a sergeant in the 1st Battalion Argyll and Sutherland Highlanders, described how he fired at two men no more than a foot away, whom he judged were about to kill him. Afterwards he ordered his men to load 10 bodies "unceremoniously" into Land Rovers. He said: "I recall I put my boot on the head of the body and pushed it into the Land Rover so I could shut the tailgate."
Iraqi suspicions, and those of their British lawyers, were increased when James Rands, 1 PWRR's intelligence officer, described how he threw his computer, containing original photographs of the bodies of the Iraqis killed, into the sea from a ferry. The photos still exist because copies were circulated before Rands threw the laptop into the English Channel in 2006. Lawyers for the Iraqis have suggested that he got rid of the laptop to conceal that he had modified the original files to change the timing of the photos. Iraqi suspicions, and those of their British lawyers, were increased when James Rands, 1PWRR's intelligence officer, described how he threw his computer, containing original photographs of the bodies of the Iraqis killed, into the sea from a ferry. The photos still exist because copies were circulated before Rands threw the laptop into the English Channel in 2006.
Lawyers for the Iraqis have suggested that he got rid of the laptop to conceal that he had modified the original files to change the timing of the photos.
Rands dismissed that as an absurd conspiracy theory. He said by 2006 the laptop had broken and he was no longer sure if it contained the photos. He disposed of it because he had become uneasy about having broken army rules by storing sensitive material on a personal laptop, he said.Rands dismissed that as an absurd conspiracy theory. He said by 2006 the laptop had broken and he was no longer sure if it contained the photos. He disposed of it because he had become uneasy about having broken army rules by storing sensitive material on a personal laptop, he said.
The MoD has always strenuously denied the allegations.The MoD has always strenuously denied the allegations.