Prosecutors drop Iraq abuse charges

One of three British soldiers on trial accused of abusing Iraqi prisoners had the charge against him dropped today.

Lance Corporal Darren Larkin, who has already admitted assaulting a civilian prisoner, was also accused of forcing two detainees to strip moments before they were made to simulate sex acts while being photographed by soldiers.

But the abuse charge against Larkin, 30, from Oldham, Greater Manchester, was dropped this morning at a court martial in Germany.

The move came after a key prosecution witness changed his evidence when he appeared before the hearing earlier this week.

A charge against Corporal Daniel Kenyon, 33, from Newcastle upon Tyne, of aiding and abetting Larkin was also dropped.

But Kenyon and Lance Corporal Mark Cooley, 25, also from Newcastle upon Tyne, still faces a series of other prisoner abuse charges.

Today’s move means that no soldiers are now being charged with making the Iraqis strip before the photographs were taken.

Larkin pleaded guilty to assault after he was pictured in his boxer shorts standing on top of an Iraqi prisoner.

Judge Advocate Michael Hunter ordered the panel of seven officers hearing the case to find him and Kenyon not guilty of the charge after the prosecution said they would no longer be proceeding with that allegation.

On Tuesday, under cross-examination by Larkin’s counsel William England, Corporal Jonathan Petrice – a colleague of the defendants – changed his evidence.

In an unprompted outburst, Cpl Petrice said he was no longer sure that he had seen Larkin ordering the Iraqis to take off their clothes.

He said the man he witnessed was dressed in combat trousers but he now knew that Larkin had been wearing boxer shorts after seeing a picture of him in newspapers.

Cpl Petrice said: “It has just really conflicted me as to whether it was him or not.”

The soldiers, from the First Battalion The Royal Regiment of Fusiliers, are accused of abusing and assaulting prisoners at a humanitarian aid camp near Basra in May 2003, after the fall of Saddam Hussein’s regime.

They claim there were ordered to hand out harsh punishment to anyone caught looting food from the base, known as Camp Bread Basket, in a crackdown dubbed Operation Ali Baba.

Speaking about the dropped charges, prosecutor Lieutenant Colonel Nick Clapham said: “The Crown have concluded there is no longer a realistic prospect of proving that charge and will be offering no further evidence.”

Kenyon and Cooley deny all the remaining charges against them.

Kenyon is accused of aiding and abetting unknown soldiers to force the Iraqi males to simulate sex acts.

Cooley faces three charges including posing for photographs as though punching and kicking an Iraqi prisoner and driving a fork lift truck with a detainee suspended from the forks.

Judge Advocate Hunter said Larkin would not be sentenced for the assault charge he has admitted until the end of the court martial.