Author: By Sam Marsden, Press Association
Former corporal Donald Payne told the public inquiry into Mr Mousa’s death
that he witnessed Lieutenant Craig Rodgers punching or kicking a group of
detainees and even pretending to set one of them alight.
Payne also claimed Lieutenant Colonel Jorge Mendonca, commanding officer of
the former 1st Battalion Queen’s Lancashire Regiment (1QLR) in Iraq in 2003,
was “gung ho” and “trigger happy”.
Payne became the first member of the UK armed forces to be convicted of a war
crime when he pleaded guilty at a court martial to inhumanely treating
Giving evidence to the inquiry today, he dramatically changed his account to
admit for the first time that he used “gratuitous violence” against the
detainees and witnessed other soldiers copying him.
But he was accused of lying about the involvement of other members of 1QLR.
Payne told the inquiry he had until now covered up the extent of the abuse of
Mr Mousa and other Iraqis arrested with him out of “misguided loyalty”.
He claimed he saw every member of the unit commanded by Lt Rodgers, known by
the call sign G10A, beating the prisoners.
The disgraced non-commissioned officer said in a statement: “I now disclose
that in adopting the routine I did each time I returned to the temporary
detention facility to ensure the detainees were awake, the degree of force I
applied was greater than I have so far admitted.
“Moreover at one time or another I saw all the members of the multiple in call
sign G10A emulate me.
“I have seen each one, including Lt Rodgers, forcefully kick and/or punch the
detainees in the period between September 14 and 16 2003.
“Further, during the morning of Monday September 15, I observed Lieutenant
Rodgers place a jerry can of petrol in front of the young boy. He poured
water over him and then lit a match.”
Mr Rodgers, who left the Army in March 2007 having reached the rank of
captain, strongly denied allegations of prisoner abuse when he gave evidence
to the inquiry last week.
He said in a witness statement: “I did not hit, punch, kick or physically
assault any of the detainees at any time.”
Payne admitted that he lied in interviews, to the court martial and in his
first statement to the public inquiry for reasons of “self-preservation”.
He previously claimed he only nudged or slapped the Iraqi detainees and never
saw them being beaten by their guards.
Gerard Elias QC, counsel to the inquiry, asked him: “What you are now saying
… is that the force was greater than that and in fact amounted to what we
might call an element of gratuitous violence?”
Payne replied: “Yes.”
The former soldier suggested that he abused the detainees because he believed
– wrongly – that they were linked to the deaths of three members of the
Royal Military Police (RMP) in Iraq in August 2003.
Payne told the inquiry of one occasion where Lt Col Mendonca cocked his
pistol, held it above a prisoner’s mouth and threatened to “blow his face
He said he believed this sent him the message that he should be “firm and
aggressive” with detainees.
The 1QLR commanding officer also personally shot out blacked-out car windows
after a directive was issued banning them, he claimed.
Payne said in a statement to the inquiry: “It was my impression that the CO
(commanding officer) was somewhat trigger happy.
“He would pull his pistol out at any opportunity. He would behave as if he
were a member of the SAS.”
Lt Col Mendonca, who was later promoted to colonel before leaving the Army in
2007, was charged with negligently performing a duty but was cleared at the
His counsel, Tim Langdale QC, accused Payne of telling lies about his client.
The public inquiry in central London has been told that British soldiers in
Iraq used “conditioning” methods – such as hooding, sleep deprivation and
making suspects stand in painful stress positions – banned by the Government
It was played a short video showing Payne screaming obscenities at Mr Mousa
and other hooded Iraqi prisoners and calling them “apes”.
The inquiry has also heard that the former non-commissioned officer subjected
the Iraqi detainees to other abuse, including making them scream in an
Payne claimed that he never used the word “choir” and it was just him prodding
the detainees as part of one of his checks.
The ex-soldier also played down the video of him screaming at the detainees.
He said it did not show him applying “any great force” or shouting “any more
than I would be used to shouting and have in the past shouted at soldier
Asked by his lawyer whether there was anything he wanted to say to the
detainees, Payne said: “I would just like to apologise for my appalling
Payne, who was cleared of charges of manslaughter and perverting the course of
justice, was dismissed from the Army and sentenced to one year in a civilian
jail after pleading guilty to inhumane treatment in September 2006.
Six other soldiers who faced the court martial were cleared on all counts in
The Ministry of Defence agreed in July last year to pay £2.83 million in
compensation to the families of Mr Mousa and nine other Iraqi men mistreated
by British troops.
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