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British soldier admits war crime British soldier admits war crime
(40 minutes later)
A British soldier has become the first to admit to a war crime after pleading guilty to inhumanely treating Iraqi civilians, at a court martial.A British soldier has become the first to admit to a war crime after pleading guilty to inhumanely treating Iraqi civilians, at a court martial.
Cpl Donald Payne, 35, of the Duke of Lancaster's Regiment, pleaded guilty to the charge at the start of a court martial involving seven UK soldiers.Cpl Donald Payne, 35, of the Duke of Lancaster's Regiment, pleaded guilty to the charge at the start of a court martial involving seven UK soldiers.
But Cpl Payne denied manslaughter and perverting the course of justice.But Cpl Payne denied manslaughter and perverting the course of justice.
Six others have pleaded not guilty to charges relating to the death of Baha Mousa, 26, in custody in Basra in 2003.Six others have pleaded not guilty to charges relating to the death of Baha Mousa, 26, in custody in Basra in 2003.
The charges also relate to the alleged ill-treatment of other detainees.The charges also relate to the alleged ill-treatment of other detainees.
Legal firstLegal first
Mr Mousa, a hotel receptionist, was among a group of detainees arrested following a planned 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, inhuman treatment of persons, perverting the course of justiceL/Cpl Wayne Crowcroft - inhuman treatment of personsPte Darren Fallon - inhuman 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
The crime admitted by Cpl Payne took place between 13 September and 16 September 2003. Julian Bevan QC, prosecuting, said the detainees had been arrested on 14 September 2003 at the Haitham Hotel, where the army had found weapons including rifles, bayonets and suspected bomb-making equipment.
L/Cpl Wayne Crowcroft, 22, and Pte Darren Fallon, 23 - both also of the Duke of Lancaster's Regiment - also deny the same charge of inhumane treatment. They were subsequently 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 Bevan said.
The inhumane treatment of persons charge faced by the three is being brought as a war crime under the International Criminal Court Act (ICCA) 2001. He told the seven-man judging panel: "One civilian, Baha Musa, died as a result, in part, from the multiple injuries he had received.
"There were no less than 93 injuries on his body at the post-mortem stage, including fractured ribs and a broken nose."
Other prisoners received serious kidney injuries, Mr Bevan added.
Earlier, as the case opened, Cpl Payne admitted a charge of inhumane treatment.
L/Cpl Wayne Crowcroft, 22, and Pte Darren Fallon, 23 - both also of the Duke of Lancaster's Regiment - deny the same charge.
The inhumane treatment of persons charge faced by the three 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.
The charge of inhumane treatment already existed in normal British military law before the Act was introduced in 2001.
Assault charge
All other charges against the men are being brought under the British Army Act 1955.All other charges against the men are being brought under the British Army Act 1955.
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.