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Asia-Pacific

US judge tosses Blackwater case, citing missteps

(Agencies)
Updated: 2010-01-01 19:46
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US judge tosses Blackwater case, citing missteps
In this July 21, 2008 file photo, Blackwater Worldwide's headquarters is seen in Moyock, N.C. [Agencies]

WASHINGTON: A federal judge cited repeated government missteps in dismissing all charges against five Blackwater Worldwide security guards accused of killing unarmed Iraqi civilians in a case that inflamed anti-American sentiment abroad.

US District Judge Ricardo Urbina dismissed the case against the guards accused of the shooting in a crowded Baghdad intersection in 2007.

The shooting in busy Nisoor Square left 17 Iraqis dead. The Iraqi government wanted the guards to face trial in Iraq and officials there said they would closely watch how the US judicial system handled the case.

Urbina said the prosecutors ignored the advice of senior Justice Department officials and built their case on sworn statements that had been given under a promise of immunity. Urbina said that violated the guards' constitutional rights. He dismissed the government's explanations as "contradictory, unbelievable and lacking in credibility."

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"We're obviously disappointed by the decision," Justice Department spokesman Dean Boyd said. "We're still in the process of reviewing the opinion and considering our options."

Prosecutors can appeal the ruling.

In Baghdad, Dr. Haitham Ahmed, whose wife and son were killed in the shooting, said Friday the decision casts doubt on the integrity of the entire US justice system.

"If a judge ... dismissed the trial, that is ridiculous and the whole thing has been but a farce," Ahmed said. "The rights of our victims and the rights of the innocent people should not be wasted."

Dozens of Iraqis, including the estates of some of the victims allegedly killed by Blackwater employees, filed a separate lawsuit last year alleging that Blackwater employees engaged in indiscriminate killings and beatings. The civil case is still before a Virginia court.

Blackwater contractors had been hired to guard US diplomats in Iraq. The guards said insurgents ambushed them in a traffic circle. Prosecutors said the men unleashed an unprovoked attack on civilians using machine guns and grenades.

The shooting led to the unraveling of the North Carolina-based company, which since has replaced its management and changed its name to Xe Services.

The five guards are former Marines Donald Ball, Dustin Heard and Evan Liberty; Nick Slatten, a former Army sergeant; and Paul Slough, an Army veteran.

Defense attorneys said the guards were thrilled by the ruling after more than two years of scrutiny.

"It's tremendously gratifying to see the court allow us to celebrate the new year the way it has," said attorney Bill Coffield, who represents Liberty. "It really invigorates your belief in our court system."

"It's indescribable," said Ball's attorney, Steven McCool. "It feels like the weight of the world has been lifted off his shoulders. Here's a guy that's a decorated war hero who we maintain should never have been charged in the first place."

The five guards had been charged with manslaughter and weapons violations. The charges carried mandatory 30-year prison terms.

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