Families devastated as Iraqi Red Cap murder charges are dropped

THE YORKSHIRE family of a British military policeman killed in Iraq were left "devastated" tonight after charges were dropped against two men accused of his murder and those of five colleagues.

The Red Caps were killed when a mob of about 400 people attacked a police station in Majar al-Kabir, southern Iraq, in June 2003.

The families of all six have fought a frustrating seven year battle for justice and their hopes were dashed today when murder charges against Hamza Hateer and Mussa Ismael al Fartusi were dropped by a Iraqi judge due to a lack of evidence.

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John Hyde, the father of Lance Corporal Benjamin Hyde, 23, from Northallerton, North Yorkshire, said: "Quite honestly these people just haven't been in court long enough to be able to prove their innocence, which obviously asks the question why did the judge decide to bring it to court then dismiss it so quickly?"

John Miller, 59, from Washington, Tyne and Wear, said his son Corporal Simon Miller, 21, had been "let down".

"I'm devastated, I just can't believe it," he said.

"My son was let down so badly in life, now he has been let down so badly in death."

Mr Miller added: "I don't understand how this can happen. This is exactly why we wanted to be at the trial, we needed to be there.

"We were denied that, we were denied everything."

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Families were originally told they could travel to Iraq for court hearings but it was later deemed too dangerous.

British officials then said efforts would be made to set up a videolink beaming live images from the court back to the UK but this did not prove possible.

Instead the relatives were told they would be updated via email by the British Embassy in Baghdad and the Ministry of Defence.

Mr Miller said he felt let down by the Government over the case, adding that he had heard from the press before the British authorities.

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Mike Aston, from Coton-in-the-Elms, Derbyshire, who lost his son Corporal Russell Aston, 30, from nearby Swadlincote, said he had been deprived of answers.

"I have got to try to find some sort of closure. I was hoping to get it from this case, to find out exactly what happened to my son and also to see those who are guilty of his murder jailed.

"But it has been denied me, and there is nothing I can do," he said.

The British Government tonight pledged to press for those responsible to be brought to justice.

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A Ministry of Defence spokeswoman said: "We know that the families of the six servicemen will be devastated by today's events and our thoughts remain with them.

"Seven further arrest warrants remain outstanding and are being actively pursued by the Iraqi authorities.

"We will continue to do all we can to press for the prosecution of those responsible."

The two Iraqis were due to stand trial at the central criminal court in Baghdad today but Chief Justice Baleagh Hamdi Hikmat dropped the charges saying there was not enough evidence to prosecute.

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The judge adjourned a hearing last month to give witnesses time to travel but no eyewitnesses were brought into court today.

The three-judge panel questioned nine people - mostly Iraqi police - during the two hour trial but none said they saw the defendants among the group which killed of the Royal Military Police officers near Basra.

Kadhum Muhsin Hamadi, who was the head of the local council at the time, told the court that he urged the soldiers to flee as a mob approached with "some of them masked and holding many kinds of weapons".

"I asked them (British soldiers) to leave, but they refused, saying they had no orders to do so," he testified.

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"Then I left them alive when I fled from the rear window to my home. I didn't see the killings."

One of those questioned said he saw Hamza Hateer taking the weapon of a dead soldier.

The court said it will pursue charges on the theft but the murder charge was dropped.

Mussa Ismael al Fartusi shook hands and exchanged kisses with friends after the court decision and said: "I can't describe my happiness.

"I'm ending my ordeal. I'm innocent."

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The Red Caps had been training local Iraqi officers when the police station came under attack on June 24, 2003.

An inquest in March 2006 heard that some of their bodies were found riddled with bullets, while others had marks that suggested they had been dragged, tied up or beaten with rifles.

Coroner Nicholas Gardiner recorded a narrative verdict of unlawful killing, saying the six soldiers should have been better equipped but their deaths could not have been avoided.

The others victims were Sergeant Simon Hamilton-Jewell, 41, from Chessington, Surrey; Corporal Paul Long, 24, of South Shields, Tyne and Wear; and Lance Corporal Tom Keys, 20, from Bala, North Wales.

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Corporal Aston's widow Anna told the BBC the court's decision was "no great surprise".

Mrs Aston said the lack of forensic evidence meant "you don't really know who's guilty and who's not".

She added: "I will never be 100% sure if they were the ones who pulled the trigger. I have to let go to find my own peace of mind."

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