Disgraced soldier who abused Afghan boy cannot be identified

http://www.dailymail.co.uk/news/article-2335658/Disgraced-soldier-abused-Afghan-boy-identified--protect-HIM-terrorists-wake-Lee-Rigby-murder.html

Disgraced soldier who abused Afghan boy cannot be identified - 

to protect HIM from terrorists in wake of Lee Rigby murder

• Two soldiers admitted offences during tour of Afghanistan
• Given anonymity after judge ruled naming them would risk their life
• Solider X was fined £1,000 after admitting pulling a child's hand to his crotch while saying 'Touch my special place'
• Soldier cleared of disgraceful conduct of an indecent kind and of forcing an Afghan girl to touch him on a separate occasion
• Soldier Y, a serving NCO, has been reduced to the ranks
• Admitted photographing man holding a racist sign that read 'Silly P*ki'

By Ian Drury

Two soldiers who abused Afghans will have their identities protected to prevent them being targeted by terrorists.

A 22-year-old former private was fined £1,000 yesterday after admitting pulling a young boy's hand towards his genitals and telling him, 'Touch my special place'.

His 23-year-old comrade, a lance bombardier, was demoted in rank after pleading guilty to racially insulting a local man by photographing him holding a sign reading 'Silly Paki'.

But, controversially, the judge at the court martial ruled the soldiers' names should be kept secret following the murder of Drummer Lee Rigby – even though the military 'should not be seen to hide behind the law'.

The soldiers admitted the offences at court and their names have not been released (file picture)

Two Islamic extremists have been charged with murdering Drummer Rigby, 25, outside Woolwich barracks in south-east London two weeks ago.

Yesterday Judge Advocate Alan Large, sitting in Sennelager, Germany, said the guilty soldiers and their families could be at risk of attack if their anonymity was lifted.

'In the light of recent events in London and the threat posed by “lone wolves”, it seems to me that it would be wrong to lift the restrictions,' he said. 'I accept that it would usually be wrong to make such an order and this should not be seen as an attempt by the military to hide behind the law.

'It was made in response to very specific circumstances and on specific grounds.'

The servicemen were attached to the 1st Battalion the Yorkshire Regiment, which was fighting the Taliban in the Nahr-e Saraj area of Helmand when the offences took place in December 2011.

The former private, known as Soldier X, who has now left the Army, pleaded guilty to two charges of misconduct.

In one incident, he was filmed near a checkpoint with a child aged about five sitting on his knee. Footage showed him laughing, pulling the boy's hand and telling him to touch his crotch.

Soldier X has now left the Army and was fined £1,000 for the offence in 2011 (file picture)

He also admitted using abusive language towards an Afghan boy aged around ten who offered to shake his hand.

He was cleared of disgraceful conduct of an indecent kind and of forcing an Afghan girl to touch him intimately.

Judge Advocate Large accepted there was no sexual motive behind Soldier X's behaviour towards the young boys but said it was 'gratuitously unpleasant' and 'totally unacceptable'.

The former lance bombardier, Soldier Y, pleaded guilty to committing a racially aggravated offence by posing in a photograph with an Afghan man holding the 'Silly Paki' sign. Judge Advocate Large said his behaviour was 'highly offensive and particularly stupid'.

Military police arrested the pair after complaints from their comrades. Sentencing both men, the judge accepted the offences had taken place during a 'demanding operational situation with risk of attack from insurgents and a persistent IED threat'.

Soldier X admitted pulling an Afghan boy's hand towards his crotch while on patrol in Helmand (file picture)

But he said: 'Many soldiers develop their own strategies for dealing with the pressure of life on operations. One of those strategies is banter. The boundary between what is acceptable and what trespasses into unacceptable behaviour is sometimes unclear and difficult to distinguish.

'Having said that, all soldiers, particularly those serving in Afghanistan, are fully trained and fully prepared for all aspects of your duties.

Murdered: Drummer Lee Rigby

'You were briefed on the sensibilities of the country and aware of the need to respect local customs and cultures and to avoid any behaviour that could be interpreted as having sexual or racist connotations which could cause understandable offence to people in that country.'

A third serviceman, Soldier Z, their patrol commander, was cleared of failing in his duty to deal with the offences.

The Armed Forces are especially sensitive to any allegation which could undermine the work they are doing to win the 'hearts and minds' of people in Helmand.

It is the first time that allegations of abuse against children by British troops have been investigated in either Iraq or Afghanistan.

However, claims that UK troops abused, tortured and murdered Iraqi civilians during the second Gulf War have surfaced several times.

One soldier, Corporal Donald Payne, was jailed for a year after admitting he was involved in assaulting Baha Mousa, a 26-year-old hotel receptionist who was beaten to death in Basra, in 2003. He became the first British soldier to be convicted of a war crime.

A report into Mr Mousa's death found that he suffered 'appalling gratuitous violence'. Up to 14 serving soldiers and 12 retired colleagues face possible prosecution.