A panel of military officers trying two British soldiers accused of abusing Iraqi prisoners was told by a judge today to put aside any feelings of sympathy for the alleged victims.
Summing up at the end of the court martial hearing, Judge Advocate Michael Hunter also directed the seven-strong panel to ignore comments made by public figures after photographs of Iraqi civilians being mistreated by soldiers were released.
He said: “Put aside feelings of sympathy for these defendants or any alleged victims whose photographs you have seen in this trial. The consequences of your verdict in this very public trial are not a matter that should concern you at all.”
The judge went on that the controversy over the war in Iraq had fuelled public interest in the case.
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He said: “There has been an immense amount of public interest and public concern about these allegations, both nationally and internationally, particularly when the photographs in this trial were released to the media.
“When they were released they caused statements to be made by eminent public figures, those statements in some cases contained expressions of opinion.”
The judge told any members of the panel who had heard such statements to ignore them when considering the verdicts.
Politicians including Prime Minister Tony Blair and senior Army officers spoke out about the photographs when they were released at the start of the trial.
The welter of reaction prompted the judge at the time to ask public figures to keep silent, to avoid prejudicing the trial.
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The soldiers are accused of abusing captured Iraqi looters at Camp Bread Basket, in Basra, in May 2003.
Father-of-two Corporal Daniel Kenyon, 33, from Newcastle upon Tyne, the most senior soldier standing trial, faces several charges including failing to report his men for their alleged involvement in the abuse and aiding and abetting soldiers - who have never been identified - to force two naked Iraqis to simulate sex acts.
Lance Corporal Mark Cooley, 25, also from Newcastle, is charged with disgraceful conduct of a cruel kind after he drove a forklift truck with a prisoner suspended from the prongs.
He also faces a second charge of prejudicing good order and military discipline after he was photographed posing as though about to punch an Iraqi man who had been tied up.
The soldiers, from the Royal Regiment of Fusiliers, deny all the charges.
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Lance Corporal Darren Larkin, 30, from Oldham, Greater Manchester, has already pleaded guilty to assault after he was pictured, dressed only in his boxer shorts and flip flops, standing on top of an Iraqi.
He was cleared of a further charge of aiding and abetting soldiers - who have never been identified - to force the prisoners to strip.
Cooley was also cleared of being photographed while simulating kicking a prisoner.
Evidence of the alleged abuse came to light after a fourth soldier, Fusilier Gary Bartlam, took a series of photographs to be developed in his home town of Tamworth, Staffordshire.
A woman working at the photo shop contacted civilian police when she saw what was on the film.
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Bartlam was arrested and convicted for taking the photographs at an earlier court martial.
In their defence the soldiers have claimed that the alleged abuse stemmed from an unlawful mission which took place at the camp to capture and deter looters. The mission, which was codenamed Operation Ali Baba, was ordered by the camp’s commanding officer, Major Dan Taylor.
Around 70 soldiers took part in the operation, which was in breach of the Geneva Convention.
Legal teams representing the soldiers claim this set the tone for the events which were to follow that day.
The judge told the panel to take care when considering evidence that the soldiers’ commanding officer, Major Taylor, gave an order for the looters to be captured and worked hard. He said they must consider that the defendants deny all the charges against them, and have not claimed they were simply following orders.
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He said: “It is important to understand, to bear in mind, that these allegations have no bearing whatsoever on the actual charges alleging ill-treatment of the Iraqi prisoners.
“The defence in relation to these charges are not saying they were ordered to behave in this way.”
The judge also warned the panel to exercise “great caution” when considering the evidence of Fusilier Bartlam. The court has heard that more serious charges were dropped against Bartlam in exchange for him giving evidence which implicated Kenyon in the scenes of simulated sex.
Judge Advocate Hunter said: “There is nothing untoward, nothing rare and nothing improper about the practice of using the evidence of an accomplice in this way provided that the Crown take the view that to do so is in the public interest.
“But you must be alerted to the possibility that Fusilier Bartlam may have minimised his part and maximised the part of others or felt that he had to deliver Corporal Kenyon’s scalp, the scalp of the senior man.”
The court was adjourned until tomorrow morning when the judge will continue summing up.