US guards escape Iraq massacre trial

THE failed prosecution of five private US security guards accused of murdering innocent Iraqi civilians was dismissed as a farce by angry relatives yesterday.

A federal judge threw out the case against the men who worked for American company Blackwater in Baghdad saying the US government had made repeated mistakes in preparing it.

The case inflamed anti-American sentiment abroad and has been closely followed around the world.

The shooting in busy Nisoor Square in 2007 left 17 Iraqis dead. The Iraqi government wanted the guards to face trial in Iraq and officials there said they would closely watch how the US judicial system handled the case.

Judge Ricardo Urbina said US prosecutors ignored the advice of senior Justice Department officials and built their case on sworn statements that had been given under a promise of immunity which violated the guards’ constitutional rights.

He dismissed the government’s explanations as “contradictory, unbelievable and lacking in credibility”.

Prosecutors can appeal the ruling.

An Iraqi government spokesman said that it was dismayed by the court’s dismissal of the case.

“Investigations conducted by specialised Iraqi authorities confirmed unequivocally that the guards of Blackwater committed the crime of murder and broke the rules by using arms without the existence of any threat obliging them to use force.”

Dr Haitham Ahmed, whose wife and son were killed in the shooting, said the decision cast doubt on the integrity of the entire US justice system.

“If a judge... dismissed the trial, that is ridiculous and the whole thing has been a farce,” Dr Ahmed said.

Dozens of Iraqis, including the estates of some of the victims allegedly killed by Blackwater employees, filed a separate lawsuit last year alleging that Blackwater employees engaged in indiscriminate killings and beatings. The civil case is still before a Virginia court.

Blackwater contractors had been hired to guard US diplomats in Iraq. The guards said insurgents ambushed them at a roundabout. Prosecutors said the men unleashed an unprovoked attack on civilians using machine guns and grenades.

The shooting led to the unravelling of the North Carolina-based company, which since has replaced its management and changed its name to Xe Services.

The five guards are former Marines Donald Ball, Dustin Heard and Evan Liberty; Nick Slatten, a former army sergeant; and Paul Slough, an army veteran.

Defence lawyers said they were thrilled by the ruling after more than two years of scrutiny.

“It’s gratifying to see the court allow us to celebrate the new year the way it has,” said Bill Coffield, who represents Liberty. “It really invigorates your belief in our court system.”

“It’s indescribable,” said Ball’s lawyer, Steven McCool. “It feels like the weight of the world has been lifted off his shoulders. Here’s a guy that’s a decorated war hero who we maintain should never have been charged in the first place.”

The five guards had been charged with manslaughter and weapons violations. The charges carried mandatory 30-year prison terms.

Judge Urbina’s ruling does not resolve whether the shootings were legal. Rather, the 90-page opinion underscores some of the conflicting evidence in the case. Some guards told prosecutors they were concerned about the shooting. Others said the convoy had been attacked. By the time the FBI began investigating, Nisoor Square had been picked clean of bullets that might have proved whether there had been a firefight or a massacre.

The top US commander in Iraq, General Raymond Odierno, declined to comment on the details of the case, but said: “I do worry about it, because clearly there were innocent people killed in that attack ... it is heart-wrenching.”