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Soldier filmed 'abusing Iraqis' Soldier filmed 'abusing Iraqis'
(about 1 hour later)
A British Army corporal was filmed as he abused and swore at hooded Iraqi detainees, a court martial has heard.A British Army corporal was filmed as he abused and swore at hooded Iraqi detainees, a court martial has heard.
Cpl Donald Payne, 35, became the first British soldier to admit to a war crime after pleading guilty to inhumanely treating Iraqi civilians on Tuesday.Cpl Donald Payne, 35, became the first British soldier to admit to a war crime after pleading guilty to inhumanely treating Iraqi civilians on Tuesday.
He denied manslaughter and perverting the course of justice, at the court martial involving seven UK soldiers.He denied manslaughter and perverting the course of justice, at the court martial involving seven UK soldiers.
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.
Cpl Payne shouted expletives while trying to force the prisoners into a "stress" position prior to questioning, the court martial - held at the Military Court Centre, Bulford Camp, Wiltshire - was told.Cpl Payne shouted expletives while trying to force the prisoners into a "stress" position prior to questioning, the court martial - held at the Military Court Centre, Bulford Camp, Wiltshire - was told.
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 According to the Iraqi detainees they were constantly beaten, be it by kick or punch, from the moment they arrived...until the death of Mr Mousa Julian Bevan QC, prosecution
Moans of pain from the Iraqi detainees were heard on the film, recorded by another soldier and shown in court as part of prosecutor Julian Bevan QC's opening address. Moans of pain from the detainees were heard on the film, recorded by another soldier and shown in court as part of prosecutor Julian Bevan QC's opening address.
Cpl Payne, of the Duke of Lancaster's Regiment, ordered one man to "fucking get down" and forced him into a knees-bent position before dragging him back up as he collapsedCpl Payne, of the Duke of Lancaster's Regiment, ordered one man to "fucking get down" and forced him into a knees-bent position before dragging him back up as he collapsed
As another prisoner fell down, protesting in Arabic against his treatment, Cpl Payne stood over him shouting and swearing at him to "get up".
Mr Bevan said the video "provided an insight" into the conduct and attitude of Cpl Payne.Mr Bevan said the video "provided an insight" into the conduct and attitude of Cpl Payne.
He added that guards watching over the Iraqi prisoners were taking their orders from him "for the most part".
And Cpl Payne "led by example" in his treatment of the prisoners, said Mr Bevan, using force that was "both unnecessary and at times excessive".
The trial heard Cpl Payne "enjoyed conducting what he called "the choir" for those that visited the detention facility".
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 "choir" was the noises detainees made when they were kicked and punched, he added.
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.
They were 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 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.
Mr Musa died from his injuries, the court was told.Mr Musa died from his injuries, the court was told.
Legal firstLegal first
L/Cpl Wayne Crowcroft, 22, and Pte Darren Fallon, 23 - both also of the Duke of Lancaster's Regiment - deny the 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 charge of inhumane treatment.
The charge faced by the three is being brought as a war crime charge under the International Criminal Court Act (ICCA) 2001. The charge faced by the three is being brought as a war crime charge under the International Criminal Court Act (ICCA) 2001. It is the first time British military personnel have been prosecuted under the act.
The court martial 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.
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.
Drunken conversation
Mr Bevan told the court Pte Fallon and L/Cpl Crowcroft were put in charge of guarding the detainees on the first day of their imprisonment.
It is alleged another soldier witnessed both soldiers making the Iraqis hold the stress position and were seen punching and kicking one man who had fallen on the ground.
"According to the Iraqi detainees themselves, they were constantly beaten, be it by kick or punch, from the moment they arrived, throughout that Sunday and certainly until the death of Mr Mousa that Monday evening," Mr Bevan said.
Pte Fallon and L/Cpl Crowcroft were later said to have bragged about the assaults and about injuries to their own knuckles and feet, he told the court.
During a drunken conversation in a Cyprus bar two years after Mr Mousa's death, L/Cpl Crowcroft told a fellow soldier - an off-duty Special Investigations Bureau officer - that he was worried about the investigation into the treatment of Mr Mousa, because "we all kicked him to death", the court was told.