US hearings told of shooting in Iraqi roadside ditch

Iraqi witnesses today recounted how seven US Marines and a Navy corpsman kidnapped an Iraqi man from his home and shot him dead.

Their testimony came during the first public airing of a case that has again highlighted allegations of abuse by US forces in Iraq.

It formed part of a pre-trial hearing at Camp Pendleton, California, for two of the men accused of participating in the shooting of Hashim Ibrahim Awad, 52, in Hamdania in rural Iraq.

At issue is whether the shooting was murder or a justifiable act of war.

The witnesses said the eight grabbed Awad on April 26, bound his feet, dragged him from his home and shot him in a roadside ditch.

Defence lawyers are expected to argue that Awad was trying to plant an explosive device when the servicemen found him. They also question the credibility of the Iraqis who reported the incident to US authorities.

A conviction could mean the death penalty.

Separate hearings were held for the two men.

Lawyers for Corporal Marshall Magincalda, who allegedly bound Awad’s feed and kidnapped him, had asked that the hearing be closed to the public, arguing that it could prejudice the case, but investigating officer Colonel Robert Chester denied the request, saying the public had a “very compelling right to hear these proceedings”.

The prosecutor, Captain Nicholas Gannon, told Col Chester statements by three members of the squad included an alleged confession by squad leader Sergeant Lawrence Hutchins.

The defence said it would contest the evidence and the hearing was adjourned.

Another hearing was also under way concerning Private John Jodka, 20, one of the defendants accused of firing on Awad.

The hearings, held under Article 32 of the Uniform Code of Military Justice, will determine whether the men should be tried in a general court martial.

Both defendants have been held in the Camp Pendleton military jail since their return from Iraq, where the allegations were brought to the attention of Marine leadership during a regular meeting with Iraqis in Hamdania.

Prosecutors claim Magincalda gathered shell casings and put them by the body, while others in the group cleaned fingerprints off an AK-47 and planted it in the dead man’s hands, apparently to make him look like an insurgent.

The Marines have the opportunity to mount a defence, call witnesses or testify themselves.

Their lawyers were expected to challenge the prosecution use of the defendants’ pre-trial statements by contending they were subjected to heavy-handed inquiries and threats of the death penalty.

The other defendants, all members of the 3rd Battalion, 5th Marine Regiment, based at Camp Pendleton, are expected to have separate hearings in coming weeks. The charges include kidnap, murder and conspiracy.

According to the charge documents, only five of the servicemen are alleged to have shot Awad after kidnapping him, but all eight are being charged with murder because prosecutors say those who did not shoot were complicit in the killing.

The case may centre on the troops’ statements because, with eight defendants, it is thought at least one will cooperate with prosecutors in return for the charges being dropped or a reduced penalty, said Gary Solis, a former Marine Corps prosecutor and judge advocate who teaches law of war at Georgetown University in Washington, DC.

“My understanding is there are so many statements out there, the web has been laid,” Solis said.

The case might be a prelude to another trial, in which up to 12 Marines also based at Camp Pendleton may face murder charges over the deaths of 24 Iraqi civilians in the town of Haditha in November.

Several of those Marines have hired lawyers.