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Soldier acquitted of beating Iraqi suspects in Basra

Law Editor,Robert Verkaik
Tuesday 23 January 2007 01:00 GMT

A soldier has been acquitted of beating and seriously injuring an Iraqi captive during a round-up of civilians in Basra in 2003.

Sergeant Kelvin Stacey, 30, one of seven Queen's Lancashire Regiment soldiers on trial for allegedly ill-treating suspected insurgents in Iraq, was found not guilty by a seven-member judging panel at a court martial in Bulford, Wiltshire.

The prosecution claims the prisoners were repeatedly beaten for failing to hold stress positions, deprived of sleep, hooded and cuffed, all pre-interrogation "conditioning" methods the prosecution say are banned under international law. One prisoner died, Baha Musa, 26. The decision to acquit Sgt Stacey of assault, due to a lack of evidence came after the close of a four-month prosecution case.

Under military law, a court martial board is able to clear a defendant if it believes the prosecution has presented insufficient evidence to convict. Sgt Stacey still faces a charge of common assault. Although the prosecution has conceded there is no medical evidence of the specific attack, one witness, Private Jonathan Lee, claims he saw Sgt Stacey kick and punch a hooded Iraqi detainee.

Sgt Stacey's six co-defendants include Colonel Jorge Mendonca, 43, the QLR's former commander.

Corporal Donald Payne, 35, formerly of the QLR, has already admitted treating the Iraqi detainees inhumanely. Cpl Payne denies the manslaughter of Mr Musa and attempting to pervert the course of justice.

Lance-Corporal Wayne Crowcroft, 22, and Private Darren Fallon, 23, both of the QLR, deny treating the Iraqis inhumanely. Major Michael Peebles, 35, and Warrant Officer Mark Davies, 37, both of the Intelligence Corps, and Col Mendonca deny negligently performing a duty, that of ensuring the Iraqis were not ill-treated.

The trial continues.

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