IraqA military judge yesterday declared a mistrial in the case of Lynndie England, a key figure in the Iraq prisoner abuse scandal, after evidence at her trial undermined her deal with prosecutors to plead guilty.
"This trial is going to stop today and pick up at some time in the future," the judge, Col James Pohl, told the military court. "There can be no findings of guilty that can be declared at this point."
Col Pohl had repeatedly interrupted proceedings to warn that testimony by Ms England (22), and other witnesses speaking on her behalf, which was meant as mitigation to secure a shorter prison term, was verging on a statement of her innocence.
"Both sides have indicated to me there is no way to resolve this inconsistency," Col Pohl told the court after a recess to discuss the issue. The case will be sent back to the military's convening authority which will restart the process, which could take months.
Pictures of Ms England smiling as she stood with naked and humiliated Iraqis, including one in which she held a detainee on a leash, are the most prominent images of the abuse scandal at Abu Ghraib prison outside Baghdad which dates from 2003.
Seven other guards involved have already pleaded guilty.
The judge acted after hearing evidence from convicted abuser Charles Graner, which he said undermined her acceptance of guilt.
"There is evidence being presented that you are not guilty," Col Pohl told Ms England.
Graner, Ms England's former lover, said one of the central acts of the case - in which Ms England appeared holding a naked prisoner on a leash - was a legitimate prison procedure.
"If you don't believe you are guilty, if you honestly believe you were doing what Graner told you to do, then you can't plead guilty," the judge said.
Under her deal, Ms England had pleaded guilty to seven counts of abuse in return for a shorter sentence and the dropping of two charges. In a televised interview last year, she said she was just following orders, and took a similar line when the judge first asked her about her guilty plea on Monday.
"I assumed it was okay because he [ Graner] was an MP [ military policeman]. He had the background as a corrections officer and with him being older than me I thought he knew what he was doing," she said.
To date, high-ranking officials have not been charged in the scandal.