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The commander of the British soldiers accused of abusing Iraqi prisoners denied at a court martial today that he had got rid of incriminating photographs and was close to tears as he claimed that he was being unfairly blamed for the abuse.
Corporal Daniel Kenyon, 33, is the most senior soldier accused of the ill-treatment of captured looters at Camp Bread Basket in Basra in May 2003. A court martial in Osnabrueck, Germany, heard that a series of photographs seized from his home ended on April 8, 2003 - more than a month before the alleged abuse took place.
Prosecutor Lieutenant Colonel Nick Clapham suggested the reason for this was because Corporal Kenyon had disposed of later photographs of the incidents which took place at the camp. Kenyon, a father of two from Newcastle upon Tyne who stood at attention for a day and a half to give his evidence, denied this and claimed he had simply run out of film.
Lt Col Clapham said: "I am suggesting you were an avid photographer who took many pictures, not that you ran out of film but that we don’t have the later films because they are incriminating. You know what I am suggesting?"
Kenyon replied: "I know what you are suggesting but you are wrong."
He added: "I wasn’t going to the Gulf to take photographs, I was going to fight a war."
Kenyon admitted he could be seen taking a photograph in the background of a picture of one of his co-defendants, Lance Corporal Darren Larkin, who was standing on top of a bound Iraqi prisoner.
Kenyon said he could not remember the incident taking place. Kenyon faces several charges, including aiding and abetting soldiers - who have never been identified - to force the prisoners to engage in simulated sex acts and failing to report the abuse.
He admitted that if he had seen similar incidents taking place in his barracks then he would have reported it but he felt the way Camp Bread Basket was run was so "infected" that reporting the abuse would have been pointless.
The prosecution claimed the real reason he did not report it because he was "involved in a lot of what is going on".
His voice cracking with emotion, Kenyon went on to strenuously deny any involvement with abuse of Iraqi prisoners. Kenyon, who has remained standing throughout two and a half days of evidence, said: "I am telling you I am a soldier standing here with my uniform on, there is no way, just no way I got involved in this."
He added: "You do not know who I am if you think I could get involved in this."
Corporal Kenyon described how there had been a "breakdown" in the chain of command and he did not believe his superiors would be interested in him reporting the abuse allegedly carried out by his men.
He suggested that more than 70 soldiers had broken the Geneva Convention at the camp by agreeing to punish the Iraqi looters by working them hard, but not one of them had reported that incident.
Fighting back tears, he said: "You are stood here blaming me, no way."
Lt Col Clapham said: "Either you were involved in those incidents, such as the indecency, because you were present and, because of your rank, you allowed others to behave as they did, or you are aware that incidents occurred and the failure to report that is conduct to the prejudice and good order of military discipline. Do you understand what I am saying?"
Kenyon replied: "Yes I understand."
Lt Col Clapham said: "That is my case."
Kenyon is giving evidence in his defence at the court martial where he and two of his fellow soldiers are accused of the alleged abuse. Lance Corporal Darren Larkin, 30, from Oldham, Greater Manchester, has already pleaded guilty to assaulting an Iraqi prisoner and was cleared of forcing the prisoners to strip naked.
Kenyon has also been cleared of aiding and abetting Larkin to force the Iraqis to strip. He still faces several further charges.
Lance Corporal Mark Cooley, 25, from Newcastle upon Tyne, has been cleared of being photographed while posing as though kicking an Iraqi prisoner. He denies that it was cruel to drive a forklift truck while a detainee was suspended from the prongs or that posing as though punching a prisoner was prejudicial to good order and military discipline.
Kenyon finished giving his evidence and the court was adjourned until Monday afternoon.
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