Video key evidence at inquiry into death of Iraqi soldier in British custody – a death which could have 'rallied extremists', says QC

This article is more than 11 years old

This article is more than 11 years old

A video of a British soldier screaming obscenities and abuse at hooded Iraqi detainees was shown today at the opening session of a public inquiry into how the hotel receptionist, Baha Mousa, was killed while in British custody.

The film shows Corporal Donald Payne, formerly of the Queen's Lancashire Regiment, shouting and swearing at the Iraqis as they are forced to maintain painful "stress positions".

The video is a key piece of evidence in a wide-ranging inquiry into the death of Mousa, which got under way today. Mousa died after sustaining 93 injuries while being detained by soldiers from the former Queen's Lancashire Regiment in Basra, southern Iraq, in September 2003.

A central issue of the inquiry is why five "conditioning techniques" – hooding prisoners, putting them in stress positions, depriving them of sleep, depriving them of food and water, and playing white noise – were used on Iraqi detainees. The techniques, inflicted on IRA suspects, were banned in 1972 by the then prime minister, Edward Heath.

In an opening statement, Gerard Elias QC, counsel to the inquiry, said of the film: "Even if one considers only the video that we have just looked at, it may be thought to be entirely apparent that these detainees were being subjected to stress positions and prolonged hooding.

Detailing the abuses against six other Iraqis arrested with Mousa, Elias said: "One man says he was made to dance in the style of Michael Jackson."

Other detainees claimed they were urinated on and forced to lie face down over a hole in the ground filled with excrement.

The inquiry heard "scandalous" allegations that the soldiers tried to manipulate the detainees' moans into an "orchestrated choir".

Elias said: "There was shouting, moaning – even screaming – coming from the TDF [temporary detention facility] from time to time during the detention, according to some witnesses."

The inquiry was also told that Mousa's injuries may have been more intentionally inflicted than was previously thought.

Elias said: "Statements to this inquiry now suggest perhaps a greater degree of deliberation than has hitherto been described."

A family photograph of Baha Mousa with his wife and two children. Photograph: Reuters

The hearing was told that Mousa died at about 10pm on 15 September 2003 after a "struggle" with Cpl Payne and another soldier, Private Aaron Cooper.

Elias said witnesses suggested that Payne was trying to restrain Mousa by putting his knee on the detainee's back and pulling his arm back to put plastic handcuffs on him.

He went on: "It has been suggested that Baha Mousa's head was banged on the floor or wall as this was happening."

Different pathologists gave the cause of Mousa's death as either asphyxia and multiple injuries or asphyxia alone, the inquiry heard.

The manner of his death risked undermining the sacrifices made by UK troops serving abroad, the inquiry in central London heard.

Elias QC said the manner of Mousa death could "act as a rallying cry for extremists."

Outlining what the inquiry would examine, Elias said it would look at the training and guidance given in relation to the use of hooding and handcuffing and other tactics, he said. It would also explore whether the Ministry of Defence and the Cabinet Office had known of such tactics.

Seven soldiers faced a court martial at Bulford camp, in Wiltshire, on war crimes charges relating to the receptionist's death. All but Cpl Payne were cleared on all counts in March 2007.

The court martial highlighted confusion among high-ranking military officers about whether the techniques were lawful.

The MoD has said it will not take disciplinary action against military personnel if their testimony to the inquiry suggests they earlier lied or withheld information.

The public inquiry hearings are expected to take about a year, including several breaks, with the chairman publishing his report and recommendations in autumn next year.