Marines dismissed for assaulting Afghan prisoner

Mark Leader (L) and Jody Wheelhouse were dismissed

Two Royal Marines have been dismissed for assaulting an Afghan man after he had been detained on suspicion of planting a roadside bomb.

Devon-based Sergeant Mark Leader was found guilty by a court martial panel of assault causing actual bodily harm to Mohammad Ekhlas on 19 March 2009.

Captain Jody Wheelhouse, from 45 Commando, Arbroath, Scotland, admitted the same offence at an earlier hearing.

Wheelhouse was sentenced to dismissal with disgrace and Leader was dismissed.

The two men were sentenced at the HMS Nelson court martial centre at Portsmouth Naval Base, Hampshire.

The trial heard that Mr Ekhlas was assaulted by Leader and Wheelhouse, and that Leader - based at the Commando Training Centre in Lympstone, Devon - was seen hitting Mr Ekhlas with a Wellington boot.

He now finds himself absolutely distraught, he's devastated by what he has done Bob Williams Defending Jody Wheelhouse

Judge Michael Hunter said: "This was a sustained assault on an injured and unarmed prisoner, a middle-aged Afghan man who was suspected of being part of a group who were attempting to plant an improvised explosive device.

"It is understandable that those who have seen the effects of these devices should feel a degree of hatred or emotion towards those who plant them, especially when in Sergeant Leader's case they had lost friends.

"But acts such as this against an unarmed man undermine the standards of our armed forces and undermine everything our armed forces are trying to achieve in Afghanistan and puts the lives of our personnel in even greater danger."

High standards

Speaking outside court, Lt Col Nick Jermyn, from navy command headquarters, said: "We will always seek to bring to account those whose actions fall short of our high standards of behaviour, and the actions of these two individuals are not reflective of those of their colleagues in the Royal Marines, the Royal Navy or the wider armed forces."

Bob Williams, representing Wheelhouse, described his client as young and inexperienced, with less than two years in service at the time of the offence.

"He now finds himself absolutely distraught, he's devastated by what he has done. He has accepted his role in these unpleasant events and he's thoroughly ashamed of what he has done."

Wheelhouse admitted striking Mr Ekhlas twice to the body with the boot, but said he had only joined in the assault as he was following the example of Leader, who was his troop sergeant.

Leader, according to his defence Marcus Tregilgas-Davey, disputed that the assault was his idea.

His claim that he had only hit Mr Ekhas because he believed he was trying to escape custody was not believed by the court martial panel.

'Degree of provocation'

Mr Tregilgas-Davey said Leader was set to lose up to £400,000 in pension and other benefits through his dismissal from the service.

He said: "There was a degree of provocation in that Mr Ekhlas was caught red-handed planting an IED and Sergeant Leader had lost three of his friends through IEDs."

The trial heard that Mr Ekhlas was apprehended east of Sangin, Helmand Province, on suspicion of planting a roadside bomb, and was subjected to violence, classed as being legitimate force.

He was transferred to a base where his injuries were photographed before he was taken to a tent, usually used by ill servicemen, the court heard.

A female Royal Military Policewoman, who was guarding him had to leave the tent for a short time, putting the two Royal Marines in charge. They then assaulted him.

Mr Ekhlas was later handed over to the Afghan authorities, then released and cannot be traced, the court was told.