Iraq turmoil 'violated rights' in abuse case

A lawyer for one of three soldiers accused in the Abu Ghraib prison scandal asked a military judge today to order a new hearing because the turmoil of Iraq prevented him from being able to question witnesses.

Captain Scott Dunn, lawyer for Sergeant Javal Davis, made the request as pre-trial hearings opened in the heavily-fortified Green Zone for three of the seven soldiers charged in the abuse scandal, which tarnished the image of the American-led mission in Iraq.

Military judge Colonel James Pohl dismissed the motion.

Pohl was also hearing motions in the cases against two other defendants - Specialist Charles Graner Jr and Staff Sergeant Ivan “Chip” Frederick II.

Dunn argued that Davis’ rights were violated because the Army did not make available one witness, a prisoner at Abu Ghraib, during the first proceeding.

Dunn said his client had a right to confront his accusers.

“We couldn’t go to him. They wouldn’t bring him to use. They said it was impossible to obtain any telephone testimony. We object to not obtaining his testimony at all,” Dunn said.

The Army has argued that a sharp rise in violence around the Abu Ghraib prison in April, including the siege of nearby Fallujah, made the area around the detention centre too dangerous.

One witness said convoys to and from the prison were sent out on an emergency basis only and they required the permission of a colonel or general to meet the defence request.

Paul Bergrin, a civilian lawyer for Davis, said last week in the United States that he would argue for a dismissal of charges because of “improper command influence” extending all the way to President George Bush.

Bergrin alleged that senior US military officers sanctioned harsh treatment of detainees at Abu Ghraib prison and said he would seek evidence that Davis was simply following orders.

The seven soldiers charged in the case were from the 372nd Military Police Company, an Army Reserve unit from Cresaptown, Maryland.

The abuse scandal broke in April when CBS aired photographs of hooded and naked prisoners.

Since then, other photographs showing sexual humiliation have surfaced in a scandal that has sparked massive international criticism and undercut the moral authority of the US-led mission in Iraq.

Coalition officials said the judge wanted to complete all three hearings today but that the proceedings could last for three days.

Graner, Frederick and Davis waived their rights to have charges read aloud and their pleas were deferred when they last appeared in court May 19.

On May 19, Specialist Jeremy Sivits became the first soldier convicted and sentenced in the scandal. Sivits pleaded guilty and received the maximum penalty of one year in prison, forfeiture of pay, reduction in rank to private and a bad conduct discharge.