Government ministers "not fit to polish boots" of cleared Iraq war hero

Blackleaf

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Ministers 'not fit to polish boots' of cleared Iraq war hero

15th February 2007

Cleared: Colonel Jorge Mendonca MBE



A war hero officer has walked free from court amid a furious backlash over his "politically motivated" £20million show trial.

Colonel Jorge Mendonca, the most senior soldier in recent history to face a court martial, was cleared to resume his distinguished military career.

And the Government stood accused of betraying front-line troops who daily risk their lives in Iraq and Afghanistan.

One MP and former soldier declared that the colonel had been the victim of a government "whose ministers aren't fit to polish his boots".

The case against 43-year-old Colonel Mendonca collapsed after five months of evidence when a judge ruled he had no case to answer and threw out charges against him and four of his soldiers from the Queen's Lancashire Regiment over allegedly mistreating Iraqis after a civilian died in military custody.

The high-flying officer had been awarded the Distinguished Service Order for outstanding leadership and bravery on his return from leading his men in war-ravaged Basra. The decision to charge him provoked uproar with his wife Louise, herself a former Territorial Army major, claiming he had been made a "political pawn" by politicians seeking a scapegoat.

Ben Wallace, Tory MP for Lancaster - home of the QLR, which has now been merged into the Duke of Lancaster's Regiment - said: "It is disgraceful that the Government spends millions on a show trial rather than on additional equipment for our troops. It is dIsgusting that they put more effort into prosecuting our troops than they do into looking after the families of those killed in the line of duty."

Mr Wallace, who served with the Scots Guards and trained under Colonel Mendonca at Sandhurst, added: "They have wrecked the careers of these brave men.

"Colonel Mendonca has had his life turned upside down by a Government whose ministers aren't fit to polish his boots."

The highly-controversial decision to charge the colonel followed a public outcry after no officers were prosecuted in an earlier, high-profile court martial of squaddies ill-treating Iraqis at Camp Breadbasket.

An investigating brigadier subsequently sent out an extraordinary letter to British commanders "fishing" for evidence which asked: "Do you have any evidence of officer behaviour in Iraq which I could use?"

Tory defence spokesman Liam Fox said: "The whole affair has resulted in enormous expense to the taxpayer and unnecessary damage to the reputation of the British Army.

"A whiff of political correctness hangs heavy over the case against Colonel Mendonca, with law officers determined to have military officers prosecuted."

General Sir Mike Jackson, Chief of the General Staff at the time of Mr Musa's death, denied that the prosecution was politically motivated. He said: "These difficult cases can only be judged on the evidence that is put in front of the prosecuting authorities. I'm quite sure certain that no prosecution would have been brought without passing the prosecutorial tests. This is a matter of evidence, not a matter of politics."

But he admitted that Colonel Mendonca and his wife "have been through a most difficult and trying time". He said he had "great sympathy" with the officer and was delighted that the four men had been cleared.

General Sir Peter de la Billiere, British commander during the first Gulf War, said the prosecution was "at best unfair and at worst disgraceful. The problem is that it undermines the confidence of our servicemen in their officers and in the government at a time when they are under great stress and threat of death on operations."

Colonel Bob Stewart, a former British commander in Bosnia, said: "They handed him a DSO for leadership in battle and then put him on trial because the prosecuting authorities felt they had to go for a scalp. The way they treated him is an outrage."

Retired Brigadier Geoffrey Sheldon, colonel of the Queen's Lancashire Regiment at the time of the alleged offences, said: "The Army has a responsibility that these gallant men's careers continue unharmed."

Colonel Mendonca had been on trial since September at Bulford, Wiltshire, accused of negligently performing a duty by failing to ensure his men did not mistreat Iraqi civilians detained in Basra in September 2003. During the court martial the prosecution alleged some of his men breached international law and committed war crimes by keeping the Iraqis hooded, cuffed and deprived of sleep over a 36-hour period of "systematic abuse". One of the prisoners, 26-year-old hotel receptionist Baha Mousa, died and Colonel Mendonca and six other soldiers were subsequently charged.

Outside court, the colonel, a father of four, said he hoped his battalion's work in Basra would not be tainted by the court martial.

"I had the privilege to command a superb battalion on operations in Iraq. I remain convinced that the Queen's Lancashires did an enormous amount of good in Basra.

"For 25 years I have served my country and I have done my best. The last two years have been difficult but actually, it is my family that has borne the brunt of the pressure, and the last five months of this trial have been particularly stressful."

Despite suggestions that he might sue the MoD for hundreds of thousands of pounds in damages, it seems the colonel intends to continue his military career, looking for promotion to brigadier.

On the 80th day of the court martial Mr Justice McKinnon, the civilian High Court judge brought in to oversee the case, formally directed the panel of seven senior Army officers to throw out most of the charges.

This was the first trial brought against British soldiers under the controversial International Criminal Court Act of 2001, with three of the soldiers accused of the "war crime" of inhumane treatment of prisoners.

The judge gave his detailed reasons in court earlier this week following days of legal submissions by defence lawyers that there was no case to answer. He ordered that these reasons could not be reported until the end of the trial of the three remaining soldiers, which is expected to last another three weeks.

All charges were also dropped against Lance Corporal-Wayne Crowcroft, 22, and 23-year- old Private Darren Fallon, who had both denied inhumane treatment of prisoners. Sergeant Kelvin Stacey, 29, was cleared of common assault, having already been cleared of actual bodily harm earlier in the trial.

Corporal Donald Payne, 35, was formally acquitted of the manslaughter of Baha Mousa and of perverting the course of justice. However Payne admits one other charge of inhumane treatment of prisoners at the start of the trial and will be sentenced later.

The only charges still being tried are those against Major Michael Peebles, 35, and Warrant Officer Mark Davies, 37, both of the Intelligence Corps, who each deny negligence in failing to prevent the abuses against Iraqi detainees.

The Attorney General repeated denials made at the start of the trial that Colonel Mendonca was prosecuted for political reasons.

"Senior prosecutors from the Army Prosecuting Authority concluded that there was sufficient evidence to prosecute."

dailymail.co.uk
 

lieexpsr

Electoral Member
Feb 9, 2007
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It was just one murder among many, many others and regardless of what the verdict was it will send a message to all military people in Iraq. Be careful and watch your back because if you are caught doing wrong you may be brought up on criminal charges. This has a positive effect for the Iraqi people who have been suffering the brutality of the occupation forces.

Of course nobody should ever expect real justice for these murderers but at least it sends an appropriate message.