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.

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.