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| British soldier admits war crime | British soldier admits war crime |
| (30 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. |
| 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 charges also relate to the alleged ill-treatment of other detainees. | The charges also relate to 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. |
| 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. | 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. |
| 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. | 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. |
| He told the seven-man judging panel: "One civilian, Baha Musa, died as a result, in part, from the multiple injuries he had received. | 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." | "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 consistent with being kicked and punched, Mr Bevan added. | |
| We are not dealing with the actions of a soldier or soldiers in the heat of the moment whilst on patrol in a hostile environment whose conduct is questionable Prosecutor Julian Bevan QC | |
| The court was not dealing with "robust or rough handling, which is bound to happen in the theatre that existed in Iraq" but with something "far more serious", he said. | |
| "We are not dealing with the actions of a soldier or soldiers in the heat of the moment whilst on patrol in a hostile environment whose conduct is questionable. | |
| "We are dealing with systematic abuse against prisoners involving unacceptable violence against persons who were detained in custody, hooded and cuffed and wholly unable to protect themselves over a very long period of time." | |
| War crime | |
| Earlier, as the case opened, Cpl Payne admitted a charge of inhumane treatment. | 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. | 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 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. | The charge of inhumane treatment already existed in normal British military law before the Act was introduced in 2001. |
| Assault charge | 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. |
| The case was adjourned until Wednesday morning. |