Former Murder Squad Chief To Head Iraq Investigation

Wed, 10 March 2010 Courtesy of: Guardian

An investigation into claims that British troops killed and abused prisoners will be led by a former head of a Scotland Yard murder squad. The case will involve seeking evidence from witnesses to a fierce battle in southern Iraq six years ago.

The huge task was announced today at the launch of a public inquiry into allegations that British soldiers murdered 20 or more Iraqis after the "battle of Danny Boy", named after a checkpoint in Maysan province, north of Basra, on 14 May 2004.

The chairman of the inquiry, the former high court judge Sir Thayne Forbes, emphasised that he was embarking on his task "without any preconception as to where the truth may lie". He said the inquiry was not a trial and he had no power to make any finding of criminal or civil liability. Any decision about whether witnesses would be granted immunity from prosecution based on their own evidence was up to the attorney general, he said.

“"police-style investigation" would be led by Stephen Condon, a former detective chief superintendent who led a Scotland Yard murder squad”

Ministers and defence officials insist there is no credible evidence to support the allegations.

"There is absolutely no meeting of minds between those making the allegations and the MoD," Lee Hughes, secretary to the inquiry, said. Bob Ainsworth, the Defence Secretary, conceded the case for an inquiry after High Court judges attacked the failure of the MoD, and the military police in particular, to investigate complaints by the surviving Iraqis.

The High Court attacked the MoD and its lawyers for withholding or losing relevant documents and for unnecessary secrecy. Its handling of the case was "lamentable", the court said.

The allegations relate to the transfer of bodies and prisoners to the British base at Camp Abu Naji and Shaibah detention centre after a battle between insurgents and British troops who were involved in a bayonet charge and hand-to-hand fighting.

The inquiry is named after Hamid al-Sweady, 19, one of those who died. His uncle, and five Iraqis held at the camps, say they were not involved in fighting British soldiers. It has been suggested the Iraqis were detained because soldiers were looking for people involved in the deaths of six British military policemen murdered in nearby Majar-al-Kabir in 2003.

Jonathan Acton Davis QC, leading counsel to the inquiry, said a "police-style investigation" would be led by Stephen Condon, a former detective chief superintendent who led a Scotland Yard murder squad. He was an adviser to the defence team that helped to clear the former Kosovan prime minister, Ramush Haradinaj, of war crimes charges in April 2008.

Acton Davis said "I anticipate it will be necessary to obtain and take witness statements from those at the battlefield," as well as the two British bases.

Condon's four-man team is unlikely to visit Iraq because of security concerns and will probably have to interview Iraqi witnesses in a neighbouring country.

Acton Davis said the MoD had provided more than 8,000 documents for the case.

Forbes warned that if witnesses did not co-operate, "the inquiry will not hesitate to use its compulsory powers in relation to the production of documents and the attendance of witnesses.

"I would ask that anyone who has any relevant information should provide it as soon as possible." Public hearings are unlikely to take place before the end of the year.

The armed forces minister, Bill Rammell, said that for allegations surrounding the al-Sweady case to be true, there would have had to have been a "massive conspiracy".

A public inquiry is already under way into the death in British army custody of Basra hotel receptionist Baha Mousa in September 2003.