A Territorial Army soldier alleged to have sold fake photographs of British troops urinating on an Iraqi prisoner kept a diary within which he boasted about the violence meted out to Iraqi civilians during his tour of duty.

But Private Stuart Mackenzie, 28, who was appearing as a prosecution witness at the court martial of seven men from The Queen’s Lancashire Regiment, refused to incriminate himself yesterday by answering questions on the alleged abuse scandal.

Private Mackenzie handed the pictures to the Daily Mirror in May 2004, the hearing at Bulford Camp in Wiltshire was told. The photographs, which purportedly showed soldiers abusing Iraqis, led to the sacking of Piers Morgan as Editor of the newspaper. Private Mackenzie was asked whether he was the soldier urinating on a hooded “Iraqi” in a picture that went on the front page.

“Do I have to answer that question?” Private Mackenzie asked the judge, Mr Justice McKinnnon, who replied that he did not if he felt that if he did he would incriminate himself. “In which case, I refuse to answer that question,” he said.

Julian Knowles, for Corporal Donald Payne, one of the seven soldiers from the regiment on trial, said that Private Mackenzie’s colleagues immediately recognised him as the soldier with his face blacked out in the photographs.

Distinctive moles on his forearms, his posture and the way that his shirt was tucked in made him instantly recognisable, Mr Knowles said. Private Mackenzie chose not to answer, though he did say that he had faced a court martial over the photographs. But the case had been dropped, he added.

The seven soldiers are facing charges relating to the alleged abuse of 11 Iraqi civilians, one of whom, Baha Musa, 26, died.

Private Mackenzie, who was guarding Mr Musa and the other detainees, boasted of violent incidents in his diary later found by police. In it he described Mr Musa, who was allegedly killed by a corporal now on trial, as “a fat bastard”.

Corporal Donald Payne denies the manslaughter of Mr Musa. Mr Knowles exhibited a diary entry for September 15, 2003, the day that Mr Musa died. It said: “The fat bastard . . . stopped breathing, then we could not revive him. What a shame.”

Payne, 35, denies the manslaughter of Mr Musa and perverting the course of justice. He became Britain’s first convicted war criminal when he earlier admitted that he had treated Iraqis inhumanely.

Lance Corporal Wayne Crowcroft, 22, denies a charge of inhumane treatment, as does Private Darren Fallon, 23, of the same regiment. Sergeant Kelvin Stacey, 29, denies assault occasioning 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 deny a charge of negligently performing a duty, namely failing to ensure that detainees were not mistreated. Colonel Jorge Mendonca, MBE, 42, former commander of The Queen’s Lancashire Regiment, also denies negligently performing a duty.

The hearing continues.

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