British clear officer in Basra abuse case

Colonel Jorge Mendonca, the highest ranking officer to be charged in relation to abuse allegations in a Basra detention center, was cleared on criminal charges relating to the death of a hotel employee Baha Mousa in 2003, who "who was attacked over a 36-hour period while handcuffed and hooded and suffered 93 separate injuries."



Robert Fisk wrote on this homicide for the Independent. An anonymous survivor recounted to him:

One of the detainees was to recount to The Independent an appalling story of cruelty: "We were put in a big room with our hands tied and with bags over our heads.

"But I could see through some holes in my hood. Soldiers would come in, ordinary soldiers, not officers--mostly with their heads shaved, but in uniform--and they would kick us, picking on one after the other.

"They were kick-boxing us in the chest and between the legs and in the back. We were crying and screaming. They set on Baha especially and he kept crying that he couldn't breath in the hood. He kept asking them to take the bag off and said he was suffocating.

"But they laughed at him and kicked him more. One of them said: 'Stop screaming and you will be able to breathe more easily'

"Baha was so scared. Then they increased the kicking on him and he collapsed on the floor. None of us could stand or sit because it was too painful.''

Other subordinates were also cleared in relation to manslaughter charges. Yet others are still being tried for abuse-related crimes.

More from the Guardian:

The court martial, being held at Bulford in Wiltshire, has heard how in September 2003, 10 civilians were arrested by members of the QLR during a raid at a hotel in Basra, southern Iraq. Handcuffed, hooded with sacks and deprived of sleep, they were forced to maintain a "stress position" - backs to the wall, knees bent and arms outstretched. If they dropped their arms they were punished with beatings.

[Corporal Donald] Payne, who was in charge of the guarding of the prisoners, was said to be at the centre of the ill treatment. At the start of the trial he made history when he became the first British soldier to admit a war crime. But he denied the manslaughter of Mr Mousa, 26.

Two other soldiers, Kingsman Darren Fallon and Lance Corporal Wayne Crowcroft, were also accused of inhumanly treating prisoners - a war crime. A third, Sergeant Kelvin Stacey, was said to have kicked and punched an Iraqi prisoner. But the case against them centred on the claims of a colleague who was attacked as a "fantasist" in court.

The case against Col Mendonca was that he should have known what was going on and ought to have acted to stop it. But the judge, Mr Justice McKinnon, yesterday directed the board hearing the courts martial to find Col Mendonca, Kingsman Fallon, Lance Corp Crowcroft and Sgt Stacey not guilty. He directed them to acquit Payne of manslaughter and of intending to pervert the course of justice. Mr Justice McKinnon told the board there was "no evidence" fit to put before them on which they could convict the men.

The Scotsman, which claims the court martial tribunal cost the British taxpayer £20 million, reports:

Before his court martial, Colonel Jorge Mendonca MBE, the decorated former commander of the Queen's Lancashire Regiment, was widely considered to be destined for the very top of the army.

Fellow officers speak of his exemplary leadership of the QLR during its extremely difficult tour to win "hearts and minds" in Basra following the Coalition Forces' invasion of Iraq in 2003.

The 43-year-old infantry commander's attention to detail and his gallantry in the Gulf, for which he won a DSO (Distinguished Service Order), won him plaudits both in the ranks and the officers' mess.