Call For Justice After Iraq Abuse Inquiry

The crown prosecution service is under pressure to bring civil prosecutions against soldiers involved in the abuse of an innocent Iraqi civilian who died in British army custody, after an inquiry found his death was caused by “an appalling episode of serious gratuitous violence”.











Daoud Mousa, father of Baha Mousa, shows photographs of his son and family.

Fourteen soldiers mentioned in the report are still serving, but some were suspended from duty on Thursday. MoD officials expect more suspensions in the coming days.

Baha Mousa, a hotel worker, died in Basra in September 2003 after soldiers repeatedly deprived him of sleep, placed a hood over his head and subjected him to banned “stress positions”.

Sir William Gage, the chairman of the inquiry, called the behaviour “wholly unacceptable in any circumstances”.

Mr Mousa sustained 93 injuries, including fractured ribs and a broken nose over 36 hours of systematic abuse between September 14 and 15, 2003.

Sir William said: “The events described in the report represent a very serious and regrettable incident. Such an incident should not have happened and should never happen again.’’

The directors of both public and service prosecutions are now considering whether the soldiers involved should face trial. Lawyers and campaigners insist they should be tried in public courts.

Sapna Malik, from law firm Leigh Day, said: “In light of the cogent and serious findings by Sir William Gage, we now expect that the military and civilian prosecuting authorities of this country will act to ensure that justice is done.”

Phil Shiner, from Public Interest Lawyers, added that it was an “absolute imperative” that prosecutions were brought in a civilian court.

Liam Fox, the defence secretary, said: “There is no place in our Armed Forces for the mistreatment of detainees and there is no place for a perverted sense of loyalty that turns a blind eye to wrongdoing or erects a wall of silence to cover it up.”

He added that the Iraq Historic Allegations Team (or IHAT), which started work in November 2010, was considering this and other reported cases of abuse.

“It is too early to comment on what the conclusions of the IHAT investigations might be, but cases will be referred to the director of service prosecutions, if and when there is sufficient evidence to justify this,” Mr Fox said.

Sir William issued a total of 73 recommendations to improve the way detainees are handled.

These included asking detainees “on entry and exit from a theatre-level detention facility” if they had any complaints about their treatment, and suggesting Her Majesty's Inspector of Prisons visit battlefield holding centres.

The former Court of Appeal judge condemned the actions of Corporal Donald Payne, who pleaded guilty in September 2006 to inhumane treatment of prisoners, as well as senior officers, including the commanding officer Colonel Jorge Mendonca, Lieutenant Craig Rodgers and Major Michael Peebles.

He said Cpl Payne was a “violent bully” who inflicted a “dreadful catalogue of unjustified and brutal violence” on Mr Mousa and other detainees and encouraged junior soldiers to do the same.

Seven soldiers faced allegations relating to the mistreatment of the detainees at a court martial in 2006-07, but only one was found guilty.

Baha Mousa Inquiry: MoD's Guilt For Death Of Army's Iraqi Prisoner

Nineteen soldiers could face criminal charges for their role in the death of an innocent Iraqi man after a public inquiry found he was the victim of “appalling and cowardly” violence while in British custody.












Baha Mousa with his son.

Military and civilian prosecuting authorities are examining the findings of a three-year inquiry into the death of Baha Mousa, a hotel receptionist who died after a 36-hour ordeal at the hands of British soldiers in Basra in September 2003. Nine other civilians were bound, hooded and subjected to “serious, gratuitous violence”.

The inquiry, chaired by Sir William Gage, a retired judge, found the Ministry of Defence guilty of a “corporate failure” to uphold basic standards by allowing rules to go “largely forgotten”. While clearing the soldiers’ unit, the 1st Bn Queen’s Lancashire Regiment, of having an “entrenched culture of violence”, he said it was clear the abuses were not a one-off.

Dr Liam Fox, the Defence Secretary, said the events described in the report were “deplorable, shocking and shameful” and instructed the head of the Army to take action against any serving personnel who were involved.

Three serving soldiers, including an officer, have already been suspended from duty as a result of the inquiry.

Dr Fox told the Commons: “Baha Mousa was not a casualty of war. His death occurred as a detainee in British custody – it was avoidable and preventable and there can be no excuses. There is no place in our Armed Forces for the mistreatment of detainees and there is no place for a perverted sense of loyalty that turns a blind eye to wrongdoing or erects a wall of silence to cover it up.”

The 1,400-page report details how the victims spent a day and a half with bags tied around their heads while being forced to stand in “stress positions” – practices banned under both domestic law and the Geneva Conventions.

Last night the Chief of the General Staff, Sir Peter Wall, said the incident “cast a dark shadow” over the reputation of the Army while David Cameron condemned the “truly shocking and appalling” abuse which he said should never be repeated.

The £13 million inquiry singled out 19 soldiers whom it concluded were directly involved in the abuse, including some who have already faced unsuccessful prosecution at court martial.

Lawyers for families of the victims said there was potentially the evidence to bring new prosecutions against all of them in the civilian courts. It emerged last night that three soldiers serving in the Army, including an officer, had been suspended from duties and MoD sources believed another 11 former servicemen could also face charges.

The suspended officer, Maj Mike Peebles of the Intelligence Corps, would face a second court martial if Army prosecutors believed there was sufficient new evidence. He was originally acquitted of negligently performing a duty during a court martial in 2007 when he was among six soldiers to walk free after the effective collapse of a £20 million case.

Only Cpl Donald Payne, named as committing some of the worst abuses, was convicted at the original court martial after pleading guilty to inhumane treatment. He was cleared of manslaughter but jailed for a year. Six others, including the regiment’s former commanding officer, Col Jorge Mendonça, were cleared of charges.

Yesterday both he and Maj Peebles were singled out as bearing “heavy responsibility” for what happened. Several soldiers who were not involved in the original court martial are among those who could now face prosecution.

This could include a large number of men who have left the Forces.

Dr Fox said efforts were already under way to determine whether “more can be done to bring those responsible to justice”. He told MPs that the MoD’s Iraq Historic Allegations Team had found evidence of “some concern” and cases would be passed to the Director of Service Prosecutions where there was “sufficient” evidence. Any eventual cases would be likely to be brought by the Crown Prosecution Service as most of the men were now civilians. Sapna Malik, a lawyer representing the Iraqi families, said they “expect” both military and civilian prosecuting authorities to act.

Despite the criticism, Dr Fox rejected a key recommendation in the report for a blanket ban on so-called “harsh” questioning methods, warning that lives could be put at risk unless the Forces could deploy all “necessary” techniques.

Army Suspends Baha Mousa Soldiers As More Prosecutions Are Considered

General Sir Peter Wall, the head of the army, says new evidence could mean further disciplinary action against soldiers.












General Sir Peter Wall says further prosecutions against soldiers are being considered after fresh evidence was unearthed.

The army has suspended a number of soldiers after the publication of a damning report into the "violent and cowardly abuse" by servicemen that led to the death of an Iraqi detainee in British military custody.

There have been widespread calls for further prosecutions and the defence secretary, Liam Fox, disclosed that Ministry of Defence inquiries "are revealing evidence of some concern" in other Iraqi abuse cases.

Fox acknowledged for the first time that there could be more prosecutions. "If any serviceman or woman, no matter the colour of uniform they wear, is found to have betrayed the values this country stands for and the standards we hold dear, they will be held to account," he said.

General Sir Peter Wall, head of the army, confirmed that the force's provost martial will investigate whether anyone else should be disciplined in the light of fresh evidence unearthed by Sir William Gage's inquiry into the final hours of Baha Mousa's life in Basra in 2003.

Wall said the inquiry had cast a "dark shadow" over the service's reputation.

The retired appeal court judge's report, which runs to three volumes, found that troops from 1st Battalion Queen's Lancashire Regiment inflicted "gratuitous" violence on a group of 10 Iraqi civilians, who were kicked and hit in turn, "causing them to emit groans and other noises and thereby playing them like musical instruments". This humiliating practice was nicknamed "the choir".

While focusing criticism on a few members of the regiment – particularly Corporal Donald Payne, Lieutenant Craig Rodgers and Lieutenant Colonel Jorge Mendonca – the report also passes scathing comment on the role of the unit's regimental medical officer, Dr Derek Keilloh, and its padre, Father Peter Madden.

Both Keilloh and Madden face further hearings: the doctor will be examined by a General Medical Council disciplinary tribunal over his role in Iraq and the priest is to be interviewed by the archbishop of Birmingham, Bernard Longley.

The report will be passed to prosecutors to assess whether fresh charges should be brought against any soldiers. So far only Payne has been convicted of inhumanely treating civilians; he served one year in prison.

Fox said: "There is no place in our armed forces for the mistreatment of detainees and there is no place for a perverted sense of loyalty that turns a blind eye to wrongdoing or erects a wall of silence to cover it up."

Referring to methods of "conditioning" suspects in Northern Ireland that were banned in 1972, Fox admitted that "there was a 'systemic failure' that allowed knowledge of the prohibition on abusive techniques made by the Heath government to be lost over the years".

Military prosecutors from the Service Prosecuting Authority (SPA) will be responsible for examining any cases brought against those still in uniform. Despite suggestions that the Crown Prosecution Service will be asked to examine the fresh evidence in relation to those who have already left the army, a CPS spokeswoman said: "We are not aware of anything being referred to us."

Dan Leader, a solicitor with Leigh Day and Co, which represented some of the detainees, said: "The claimants are very clear they want accountability. We are talking about torture and murder. All that has happened is that someone has spent one year in prison. The claimants are concerned about criminal justice and feel let down so far."

In terms of immediate disciplinary action, Wall told the Guardian that "some soldiers have been suspended from operational duty and military service". More suspensions may follow. Only 14 of those referred to in the Gage report are still in the army.

So far £2.8m has been paid out by the Ministry of Defence in compensation to Mousa's relatives and the nine other Iraqi detainees held in Basra between 14 and 16 September 2003.

The solicitor Phil Shiner, of Public Interest Lawyers, renewed his call for a wider inquiry into allegations about how British troops treated detainees in southern Iraq between 2003 and 2009.

"There is a case called Ali Zaki Mousa," Shiner said, "currently before the court of appeal that will determine whether the UK should fulfil its legal obligations by holding an extended inquiry into 150 additional complaints by Iraqi civilians."

Mousa's father, Daoud Mousa, was not in Britain for the report's publication but is due to deliver a lecture in memory of his son in London next week.

The MoD signalled that it would not accept one of Gage's recommendations, namely that "harshing" – shouting at detainees to intimidate them – should be abandoned. A test case about the technique, which the MoD defends, is due to come before the courts soon.

The General Medical Council declined to comment on the forthcoming hearing into Keilloh but Peter Jennings, press secretary for the archdiocese of Birmingham, said of the criticism of Madden: "The Catholic church takes this matter extremely seriously.

"The archbishop, the Most Rev Bernard Longley, and the vicar-general of the archdiocese will be meeting with Fr Madden when he has had the opportunity to study carefully the full report and the criticisms of himself in the context of the report."

Amnesty International called for soldiers to be charged.

"Those responsible must be held accountable for their actions and brought swiftly to justice, including in criminal proceedings," said Nicola Duckworth, the organisation's Europe and central Asia director.

UK Riots: Acting Met Chief Rejects 'Feral Underclass' Analysis

Tim Godwin challenges Kenneth Clarke's description of people involved in last month's riots.












Tim Godwin has challenged the justice secretary’s description of those blamed for England’s riots as a 'feral underclass'.

Britain's most senior police officer has challenged the justice secretary's description of those blamed for England's riots as a "feral underclass".

Tim Godwin, the acting commissioner for the Metropolitan police, said he would not have used Kenneth Clarke's term as he outlined his vision for the future of policing in the wake of the violence to the London assembly.

Writing in the Guardian on Monday, Clarke said the civil unrest over the summer had revealed an urgent need for penal reform to stop reoffending among "a feral underclass, cut off from the mainstream in everything but its materialism".

His comments came as figures revealed that almost 75% of those aged over 18 who were charged with offences committed during the riots had previous convictions.

Godwin – one of four candidates aspiring to be the Met's next commissioner – queried Clarke's choice of description when asked by Brian Coleman, a Conservative member of the London assembly, what he wanted politicians to do as a result of the riots.

He said: "The one thing that has struck me about the comments made by the justice secretary recently in the Guardian article was that he used a term – that I particularly would not use myself – about 'feral underclass'.

"The use of the term 'feral' in terms of youth and inner-city was first used, as I recall, in my service here in about 2000 following the death of Damilola Taylor.

"I think the fact that term is still being used in terms of young people in our inner city … is a great challenge to us as a city."

He added: "It's a term I would not personally use, but I think we do need to understand the level of fear of crime that actually encourages them to join gangs."

Godwin said the revelation that the vast majority of people involved in the summer riots had previous convictions had been a "wake-up call" for the criminal justice system.

He added that there has "got to be a big debate in London in terms of how we empower local communities" and called for "a wholesale change" in the way people first entering the criminal justice system are dealt with.

This should include developing a "cohesive plan", such as increasing local justice, which would see people coming forward from communities to sit as local JPs.

Godwin said: "Robust enforcement is key, but at the same time we need people to volunteer and come forward and work to make those communities better and to reduce the fear of crime – specifically among young people in inner cities."

He also told the assembly that police had not anticipated the scale of trouble that hit the capital across 22 boroughs last month, but said his force would do everything in its power to avoid a repeat of the disorder.

"In terms of the future, we will make sure that we over-egg the pudding in terms of numbers," he added.

Godwin told City Hall on Wednesday that morale at the Met was as strong as it ever had been. He also said next year's operation at the Olympics "will be better as a result of the experience we have had".

His comments came a day after he gave evidence to the home affairs select committee on the riots.

The panel of MPs heard that the rioting will cost the taxpayer more than £133m in policing and compensation for businesses hit by the violence.

Boy, 16, Charged Over Kilmarnock Schoolboy Murder

A teenager appeared in court last night charged with killing a schoolboy at the weekend.

The 16-year-old, from Kilmarnock, was charged with murder over the death of 13-year-old Jon Wilson.

The schoolboy, from Gateside Place in Kilmarnock, was found with serious head injuries and was left fighting for his life after the attack in Queen's Drive in Kilmarnock in the early hours of Sunday morning.
















Victim: A 16-year-old, from Kilmarnock, was charged with murder over the death of 13-year-old Jon Wilson, pictured in a sailor's hat.

He died at Crosshouse Hospital yesterday. His family are said to be 'devastated' at his death, a neighbour said.

Hundreds of Facebook messages have also been posted online paying tribute to the schoolboy.

Jon's aunt Irene Wilson paid tribute to her nephew.












Tragedy: Jon Wilson died at Crosshouse Hospital, Kilmarnock, pictured, with his devastated family at his side.

She told the Daily Record: 'Jon was a quiet boy who spent most of his time playing with his Xbox. He didn't run in gangs or bring any bother to his door.

'He was a generous boy and he would give you his last.'













Cathy Jamieson, Scottish Labour MP for Kilmarnock, said: 'This is such a tragic waste of a young life'.

She said the family, who were at his bedside when he died, had 'no idea' why he was in the street at that time of night.

The 16-year-old made no plea and no declaration when he appeared at Kilmarnock Sheriff Court and was remanded in custody. No date was fixed for his next appearance.

Gillian Cochrane, a neighbour of the Wilson family, said Jon's death was a 'tragedy'.

'His family are devastated,' she said.

Pupils at Kilmarnock Academy, where Jon was a student, are being offered counselling over the schoolboy's death.

An East Ayrshire Council spokeswoman said: 'Our thoughts are presently with his family and friends, to whom we extend our sincerest condolences.'

Cathy Jamieson, Scottish Labour MP for Kilmarnock, said: 'This is such a tragic waste of a young life.

'My thoughts are with the family of the victim and members of the Kilmarnock community who are as shocked as I am that such a terrible incident could take place on the town's streets.'


















In court: The 16-year-old charged made no plea and no declaration when he appeared at Kilmarnock Sheriff Court and was remanded in custody.

Saline Deaths: Freed Nurse 'Was A Scapegoat'

A nurse who spent more than six weeks in custody after being accused of tampering with saline drips at a Stockport hospital was made a "scapegoat", according to her lawyer.











The hospital says heightened security measures will remain in place.

On Friday, police announced they were releasing Rebecca Leighton and dropping all charges in connection with deaths on two wards at Stepping Hill Hospital.

Her solicitor Carl Richmond said he felt police had "jumped the gun" in arresting Miss Leighton.

He said: "I got the feeling there had to be a scapegoat because there was absolute chaos at the hospital and it could not function because of all the speculation.

"I was imploring the police to bail her while they continued their inquiries but the decision was made to charge," Mr Richmond said.

Miss Leighton was first arrested on suspicion of murder and then formally accused of causing criminal damage with intent to endanger life.











Rebecca Leighton could sue for as much as £1m, according to newspaper reports.

The alarm was raised when a higher than normal number of patients were reported to have "unexplained" low blood sugar levels amid fears saline solution had been contaminated with insulin.

After reports in some newspapers that Miss Leighton could sue police for as much as £1m, Mr Richmond told Sky News such speculation was "premature".

He said the 27-year-old nurse would probably meet with her legal team later this week in order to discuss the options available, but had not yet decided whether legal action was appropriate.











Miss Leighton will not immediately be able to return to work.

Mr Richmond said, with her family's support, Miss Leighton was "bearing up reasonably well" after what had been a very stressful period in custody.

The nurse has said she felt she was "living in hell" since her arrest.

She will not be able to return to work as an interim order suspending her from the Nursing and Midwifery Council's register remains in place.

Meanwhile, police have vowed to leave "no stone unturned" in their investigation into the deaths of seven patients.

They have said they are planning to interview at least another 500 witnesses - including staff, patients and visitors.

It is thought more than 700 people could have had access to the area where the bags of saline were being kept.

A spokeswoman for the hospital said tight security measures remain in place and would continue for the foreseeable future.

Britain And US Accused Of Playing Politics With Megrahi's Condition

The British and US governments were last night accused of ignoring the law and engaging in "international politicking" over the Lockerbie bomber, Abdelbaset al-Megrahi.










Alex Salmond said images of Megrahi in a coma and close to death showed why he had been released in the first place.

The Scottish First Minister Alex Salmond turned on the Foreign Secretary William Hague and on US senators who have repeatedly criticised the decision by his Scottish nationalist administration to free Megrahi on compassionate grounds.

He said images from Tripoli showing Megrahi in a coma and close to death underlined why he had been released in the first place and suggested that calls for his return to prison in Scotland had no legal standing.

Privately, government sources admit that they have no interest in pursuing the extradition of Megrahi despite the regime change in Libya. But they are anxious not to be seen as condoning the decision to release him. Macabre as it may be, ministers would like to see Megrahi die quickly and end the two-year controversy over his early release.

In his first public comments on the case since the fall of Tripoli, Mr Salmond welcomed the view of the Libyan transitional council that it would not consider extraditing Megrahi either to the UK or the US. "Perhaps if we all followed due process of law as the Scottish government has done and ceased the international politicking around this, then we could all be in a much better place," he said.

"The only people with any authority in this matter are the Scottish government who have jurisdiction on the matter – he is a Scottish prisoner under licence – and the new Libyan transitional council, who are the new duly constituted legal authority in Libya.

"We have never had and do not have any intention of asking for the extradition of Mr Megrahi. It's quite clear from the Libyan transitional council that following their own laws they had never any intention of agreeing to such extradition."

Mr Salmond dismissed the suggestion that Megrahi could be questioned further about the bombing, saying: "You've seen the CNN pictures as I have. I think the idea that he would be available for interview in any recognisable form is pretty far-fetched ... Mr Megrahi remains a sick man, dying of prostate cancer."

Mr Salmond said that the investigation into the bombing remained open as it had been for the past 20 years and could be helped by the regime change in Libya. "There are matters that still could be progressed on the Lockerbie bombing. The Scottish Crown Office have made it clear that if any other evidence emerges, any other people are available to give evidence, or any other indictments are possible, that they stand ready to follow these leads."

John Bolton, the former US ambassador to the United Nations, persisted with the argument for extraditing Megrahi to the US. "Personally, I think the United States made a mistake in agreeing that he be tried under Scottish law, which doesn't provide for the death penalty," Mr Bolton said.

"I don't much think of what the Scottish government thinks. I think the United States should insist that Megrahi be tried in the United States and face trial here."

Timeline

December 1988

Pan Am Flight 103 from London to New York explodes over Lockerbie. The 259 people on board the Boeing 747 are killed, as well as 11 on the ground.

November 1991

US and British investigators indict Abdelbaset al-Megrahi and Lamin Khalifa Fhimah on 270 counts of murder, accusing them of being Libyan intelligence agents.

April 1992

The UN Security Council imposes sanctions on weapons sales and air travel after Libya refuses to meet a 15 April deadline.

August 1998

Libya agrees to the two facing trial at a court in the Netherlands.

May 2000

The trial of the two begins, amid a large security operation.

January 2001

Megrahi is found guilty and jailed for a minimum of 20 years. Fhimah is found not guilty.

March 2002

Megrahi loses an appeal, heard by five Scottish judges.

August 2003

The families of the victims agree a compensation package with the Libyan government of £1.7bn.

August 2009

Megrahi is released after doctors say he has cancer and has only three months to live.

August 2011

Megrahi's brother is reported as saying that Megrahi is in a coma. Scottish government officials say his "condition is consistent with terminal cancer".

Judith Richardson Murder: Hexham Police Appeal

Detectives investigating the death of a Northumberland pensioner have released a photo of the dumped handbag which led to the discovery of her body.











Judith Richardson had suffered a "brutal attack".

Police started a murder inquiry when Judith Richardson's body was found at her home in Hexham after suffering what they described as a "brutal attack" .

The 77-year-old's bag was found in a Newcastle bin and when officers went to return it they found her dead.

A man in his 80s and woman in her 70s have been arrested and bailed.









The bag was found in a bin in Newcastle city centre.
The bag was found by a member of the public in a bin outside the Mind charity shop on Clayton Street, in Newcastle city centre, on Friday.

It led Northumbria Police officers to her home in St Wilfrid's Road, Hexham, where the body of Miss Richardson was found in the hallway.

A post-mortem examination revealed she died from head injuries.









A replica of the hammer police found near Miss Richardson's home.

Police found a hammer they believe had been used to attack Miss Richardson. It has been sent for forensic testing.

Det Ch Insp Paul Young said they believed the handbag had been left in the bin between 13:00 BST and 16:30 BST on Friday.

He said: "It has now been sent away for forensic examination.

"We hope these details will help trigger some memories and generate more information from the public.

"The public response has been vital so far and we urge anyone who can provide information to get in touch. No detail is insignificant to us at this time."