Victim calls for compassion in Iraqi prisoner abuse trial

A former Iraqi prisoner asked a court martial to show compassion to the alleged ringleader of the British troops accused of abusing him while he was being held captive.

Ahmad Taha Musa al-Matairi, a hotel owner from Basra, caused surprise at the trial of the soldiers yesterday by making his plea on behalf of Cpl Donald Payne, the first British soldier to plead guilty to war crimes charges.

Mr Matairi was accused under cross-examination of exaggerating his injuries in order to get a larger compensation payout. He replied: "I am not exaggerating. I was hit, I got a hernia, somebody died. That's a proof. I got taken out on a stretcher. That's a proof." He then added, after a pause: "I would ask the court to handle with care the person who admitted the crime."

Cpl Payne, 45, who admits inhumanely treating Iraqi civilians, denies the manslaughter of one of the prisoners, Baha Mousa, 26, and perverting the course of justice.

He and six of his fellow soldiers, including Col Jorge Mendonca, the most senior officer to be charged over the Iraq war, all deny charges against them in connection with the death of Mr Mousa and the alleged attacks. They are on trial at Bulford Camp in Wiltshire.

It is alleged that a group of Iraqis, suspected insurgents arrested at a Basra hotel on 14 September 2003, were detained for 36 hours; kept hooded, cuffed, deprived of sleep and beaten for failing to maintain stress positions - all pre-interrogation "conditioning" techniques that the prosecution says are banned underinternational law.

Richard Ferguson QC, for L/Cpl Wayne Crowcroft, 22, who denies a charge of inhuman treatment, claimed while cross-examining Mr Matairi that he was exaggerating the severity of his ordeal and the injuries suffered in order to get more compensation.

Mr Matairi denied all knowledge of a letter sent on his behalf by a human rights law firm to the Secretary of State for Defence.

"I am telling the truth," he insisted. "If I was not telling the truth, I would be hesitant and I am not hesitant. The seriousness of the case is how we were tortured, how we were treated and how Baha died."

Mr Ferguson responded: "The seriousness of the case, Mr Matairi, is whether you are telling the truth."

Accused again of exaggerating by Mr Ferguson, Mr Matairi said: "It seems you are not interested about knowing the truth. You are interested in your client."

Geoffrey Cox QC, for Pte Darren Fallon, 23, who also denies a charge of inhumane treatment, challenged Mr Matairi on his compensation claim.

Mr Matairi said: "I am not interested in compensation. I am interested in the truth."

Responding to Mr Cox's claim that his various statements about his alleged ordeal contained inconsistencies, Mr Matairi accused the QC of "inventing" them.

Also on trial is Sgt Kelvin Stacey 29, of the Queen's Lancashire Regiment (QLR) - now renamed the Duke of Lancaster's Regiment - accused of actual bodily harm, with an alternative count of common assault.

Major Michael Peebles, 35, and Warrant Officer Mark Davies, 37, both of the Intelligence Corps, each face a charge of negligently performing their duty. Col Mendonca, 42, former commander of the QLR, is also accused of negligently performing a duty, that of failing to ensure the Iraqi detainees were not ill-treated. The case continues.