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Royal Marine shot Afghan national at close range, court martial hears Royal Marine shot Afghan national at close range, court martial hears
(about 3 hours later)
A Royal Marine on active duty in Afghanistan shot dead an injured Afghan national who had been captured, a court martial has heard. Three marines carried out the "execution" of a suspected Afghan insurgent as he lay badly wounded after being hit by helicopter cannon fire in Helmand, a court martial heard.
The serviceman, known only as Marine A, shot the man in the chest with a pistol at close range during an incident in September 2011, the court was told. Footage of the moment a sergeant allegedly bent down and shot the man in the chest at close range with a pistol was shown in court.
The commando stands accused alongside two other servicemen, known as Marines B and C, of murdering an unknown captured Afghan national on or about 15 September 2011 contrary to section 42 of the Armed Forces Act 2006. They each deny the charge. The sergeant, who can be identified only as Marine A, can then be allegedly heard telling the dying man: "There you are, shuffle off this mortal coil, you cunt. It's nothing you wouldn't do to us."
The three Marines were hidden from view of the public gallery of the courtroom by the use of a screen although the judge, Judge Advocate General Jeff Blackett, and the seven-strong court martial board could see them. A few moments later A can allegedly be heard saying: "Obviously this doesn't go anywhere fellas. I've just broken the Geneva convention."
Prosecutor David Perry QC told the board at the Military Court Centre in Bulford, Wiltshire, on Wednesday that Marine B filmed the incident on a camera mounted on his helmet. The footage was captured on a personal camera fixed to the helmet of another of the men who was there, Marine B. The court heard that he tried to turn the camera off but it accidentally turned itself back on and recorded the incidents.
Perry said: "The murder took place in Afghanistan, the murder took place on 15 September 2011, and the murder took place when the three defendants were on active service. David Perry QC, prosecuting, told the court martial: "This killing was not in the heat and exercise of armed conflict. The prosecution case is that it amounted to an execution, a field execution, the execution of a man entitled to be treated with dignity and respect."
"The prosecution case is that Marine A used a pistol and deliberately shot and killed the unknown man. Perry said the identify of the insurgent was not known. "What is known is that he was a detained person. At the time of the killing he was under the control and in the custody of the defendants."
"The man had been captured or detained following an earlier incident in which he had been wounded by gunfire. He had been wounded by gunfire that had been fired from an Apache attack helicopter. Perry said that while Marine A had fired the fatal shot, B and C had "encouraged and assisted" the murder. All three deny murder.
"Although Marine A used his pistol firing the gun at close range into the injured man's chest the case is that Marines B and C were all party to the killing. The prosecutor told the court that the alleged murder took place on 15 September 2011 at about 3pm. A command post in Helmand came under small arms fire attack by an insurgent or a group of insurgents and an Apache helicopter was called in from Camp Bastion.
"The prosecution case in respect of Marines B and C is that they encouraged and assisted Marine A in carrying out the killing." It located one man in the middle of a field and fired 139 rounds at him.
Perry told the court that the Afghan national had been "executed" in an incident during Operation Herrick 14 in Helmand province. The crew did not think he could have survived. Perry said the attack by the helicopter was an "ordinary legitimate incident of the conflict in Afghanistan."
"It was not a killing in the heat and exercise of any armed conflict. The prosecution case is that it amounted to an execution, a field execution," Perry said. "An execution of a man who was entitled to be treated with dignity and respect and entitled to be treated as any British serviceman or servicewoman would be entitled to be treated in a similar situation." A multiple commanded by Marine A was tasked with carrying out a "battle damage assessment" to check the effects of the attack.
Perry said the Afghan had been seriously injured by gunfire fired from the helicopter, which he described as a legitimate operation. Perry said the man was lying in the middle of the field badly injured but alive. He was armed with an AK-47 rifle and a hand grenade.
The court heard that an air balloon known as a PGSS (Persistent Ground Surveillance System) was in use for observation over the area at the time. The prosecutor said A ordered him to be moved out of sight of an observation balloon that the British forces used to keep an eye on the area. Perry said that A then bent down and shot the man at close range with a 9mm pistol.
Perry alleged that the Marines came across the injured man in a field, with Marine A saying: "Move him to a place where we cannot be seen by the PGSS." Perry said Marine A's comment about the Geneva conventions was a "clear acknowledgment of murder." B allegedly replied: "Yeah, rog".
Perry said that the man's body was left where he was shot – and a memorial had been erected by local people in his memory.
"A shrine was erected in commemoration of the deceased, presumably erected by local people to commemorate his death," he said.
"His body was left where he was shot and it was later removed by local people. So we don't have a body in this case and there is no post mortem."
Perry said that photographs of the dead Afghan national were recovered from a camera in Marine A's barrack room after he was arrested on 22 September last year.
"Marine A had in his possession pictures of the deceased taken after he had been shot," Perry said.
Perry also alleged that a journal, which had been written by Marine C, gave an insight into what happened.
"Marine C gives an account that he was encouraging Marine A to shoot the injured man," he said. "Marine C wanted to shoot him himself and one of the things he said to Marine A is 'Shall I shoot him in the head?'
"And Marine A said 'No that would be too obvious' and that was before Marine A was to shoot him in the chest.
The three marines, who are appearing at the military court centre in Bulford, Wiltshire, were hidden from view of the public gallery of the courtroom by the use of a screen – although the judge, Judge Advocate General Jeff Blackett, and the seven-strong court martial board could see the servicemen. The court was told they had been given anonymity because of security issues.
The court martial continues.The court martial continues.
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