'Major to blame for abuse case'

A British army officer was told today that three soldiers stood accused of abusing Iraqi civilians because of an unlawful order he issued.

Major Dan Taylor was confronted by counsel for one of the accused at a court martial in Germany.

Joseph Giret, representing Corporal Daniel Kenyon, told him: “I say to you Major Taylor that despite not wishing to accept the blame, it is precisely your order which has resulted in soldiers being charged with a very serious offence.”

The exchange came as it emerged that Maj Taylor faced no disciplinary action himself, despite issuing the order in breach of the Geneva Convention.

The major was cleared of wrong-doing only five days before three of his soldiers were due to stand trial.

The court, in Osnabruck, heard an extract from a letter to Maj Taylor written by his commanding officer Brigadier Nick Carter on January 7, which dismissed his order as “misguided zeal”.

In the order, the major told his men to punish the looters at an aid camp in he was in charge of near Basra by “working them hard”.

The crackdown which followed led to the three soldiers being charged with abusing civilians when “shocking and appalling” photographs of the abuse were left for development by another soldier at a photo shop in Tamworth, Staffs.

But Maj Taylor was only dealt with at “summary level”, which means he was spoken to by senior officers – a process military sources said was known in Army slang as “interview without coffee”.

The three soldiers from the 1st Battalion The Royal Regiment of Fusiliers are accused of abusing and assaulting Iraqi civilian prisoners at Camp Bread Basket, near Basra.

Lance Corporal Mark Cooley, 25, and Corporal Kenyon, 33, both from Newcastle upon Tyne, both deny the charges.

Lance Corporal Darren Larkin, 30, from Oldham, Greater Manchester, has admitted one charge of assaulting an unknown male at the camp, but denies another charge of forcing two Iraqi males to undress in front of others.

Photographs taken of the alleged abuse include images of naked Iraqi prisoners simulating sex acts, British soldiers pretending to punch and kick bound men and a prisoner – grimacing with fear – tied to the raised forks of a forklift truck.

Details of the action taken against Maj Taylor over what he called Operation Ali Baba emerged on the second day of his evidence at the court martial when an extract of the letter from Brigadier Carter was read out to the court.

It read: “I have decided that there is no evidence to suggest that you ordered or encouraged those actions for which the individuals referred to above will stand trial by court martial.

“However, it is clear from the evidence that you ordered Iraqi civilians who had been found stealing human aid to be compelled to undertake un-remunerated manual work.

“Despite their unlawful looting activities the civilians were protected persons for the purposes of the Geneva Convention, chapter 4.

“However, it was necessary to to decide whether or not it is in the public, including service, interest, to institute disciplinary action under the Army Act 1955.

“It is clear that your actions were intended to preserve human aid for the benefit of the Iraqi population by means of deterring future theft.

“It is also clear that the conduct authorised by you involved humane, manual work which, albeit not lawful, was not to be undertaken in an inhumane manner.

“It is also clear that the resources available to you were limited.

“I believe that you acted with well-meaning and sincere but misguided zeal.

“I have therefore decided that it would not be in the public, including service, interest for disciplinary action to be taken against you in accordance with the Army Act 1955.”

But sitting in the witness stand, Maj Taylor faced tough questioning from Kenyon’s defence counsel Mr Giret.

Mr Giret said it would be more apt to call Operation Ali Baba “Operation Mish Mash” and repeatedly insisted that Maj Taylor must take responsibility for his “mis-managed” plan.

He said: “Something has gone wrong, it is your fault isn’t it?”

Maj Taylor replied: “No sir.”

Mr Giret responded: “Are you not accepting any blame at all for the outcome of Ali Baba? Not any at all?”

“No sir,” replied Maj Taylor.

Maj Taylor is now serving as quartermaster at the Army Training Regiment in Bassingbourn, Herts.

The court was adjourned until Monday afternoon when Maj Taylor will continue to give evidence.