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Soldier filmed 'abusing Iraqis' UK soldier 'enjoyed' Iraqis' pain
(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 soldier "enjoyed" hearing Iraqis call out in pain as they were kicked and punched while in a detention centre, 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. British Cpl Donald Payne referred to the noises made as "the choir", which he "conducted" in front of visitors to the centre, said a prosecuting QC.
He denied manslaughter and perverting the course of justice, at the court martial involving seven UK soldiers. The 35-year-old admits inhumane treatment but denies manslaughter.
Six others have pleaded not guilty to charges relating to the death of Baha Mousa, 26, in custody in Basra in 2003. Six other soldiers have pleaded not guilty to charges relating to the death of Baha Mousa, 26, in Basra in 2003.
The charges also relate to the alleged ill-treatment of other detainees. 'Abuse' filmed
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. This week Cpl Payne became the first British soldier to admit to a war crime after pleading guilty to the inhumane treatment charge.
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 He has denied a further charge of perverting the course of justice.
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. The charges brought against the seven soldiers also relate to the alleged ill-treatment of other detainees.
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 collapsed Prosecutor Julian Bevan QC said Cpl Payne seemed to carry out his "conductor" role without fear of repercussion.
Mr Bevan said the video "provided an insight" into the conduct and attitude of Cpl Payne. "The choir consisted of Cpl Payne systematically assaulting each detainee in turn by, for instance, hitting in their stomachs, kicking them and punching them wherever on their bodies, causing them to shriek out or groan in pain, their various noises constituting the music," he said.
He added that guards watching over the Iraqi prisoners were taking their orders from him "for the most part". 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 href="/1/hi/uk/5360432.stm" class="">Soldier admits war crime
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 corporal also 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.
The trial heard Cpl Payne "enjoyed conducting what he called "the choir" for those that visited the detention facility". Groans of pain from the detainees were heard on a film, recorded by another soldier and shown in court.
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 Mr Bevan added that guards watching over the Iraqi prisoners were taking their orders from Cpl Payne "for the most part".
The "choir" was the noises detainees made when they were kicked and punched, he added. He "led by example", said Mr Bevan, using force that was "both unnecessary and at times excessive".
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.
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
Mr Musa died from his injuries, the court was told.Mr Musa died from his injuries, the court was told.
Legal 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. It is the first time British military personnel have been prosecuted under the act. The charge faced by the three is being brought as a war crime charge under the International Criminal Court Act (ICCA) 2001, for the first time under the new law.
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 conversationDrunken 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.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. It is alleged another soldier witnessed them 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."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.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. During a drunken conversation in Cyprus in 2005, L/Cpl Crowcroft told a fellow soldier he was worried about the investigation into the treatment of Mr Mousa, because "we all kicked him to death", the court was told.
The court has also heard an Iraqi man kicked and punched by Sgt Stacey, 29, was later taken to hospital suffering from kidney problems.