US soldier faces death for attack on own unit

An investigating officer has recommended court-martial, which could lead to a death sentence, for a soldier accused of an attack…

An investigating officer has recommended court-martial, which could lead to a death sentence, for a soldier accused of an attack on his own US army camp in Kuwait which killed two officers.

A week of testimony from fellow soldiers implicated Sgt Hasan Akbar in the nighttime attack on fellow members of the 101st Airborne Division.

Col Patrick Reinert, presiding, said: "This was a surprise attack executed by stealth."

The recommendation, delivered shortly after both sides' final arguments, will go to Sgt Akbar's commanders, who have until about the end of July to decide whether to hold a court-martial. The trial could be months away, as many witnesses are on duty in Iraq.

READ MORE

A conviction could result in Akbar's execution if a panel of military judges rules unanimously.

Col Reinert said the testimony he heard about the night of March 23rd presented a reasonable case for Sgt Akbar's guilt, although no witnesses identified him as the attacker who rolled grenades into soldiers' tents and shot those who emerged.

Two witnesses testified that Sgt Akbar was heavier set than the attacker they saw in the darkness.

"Most importantly, nobody, not one witness can say they saw Sergeant Akbar throw a grenade or fire a weapon," said Lt Col Victor Hansen, the lead defence attorney.

"And even more importantly, there are two witnesses, two independent witnesses ... who both say just the opposite: they said the shooter was not Sergeant Akbar."

Col Reinert said conditions were dark and chaotic, making identification difficult. "The lights are off and it's a surprise attack; it's loud, dark and confusing," he said.

Cap. Harper Cook, a prosecutor, said the 32-year-old sergeant's "actions were well-thought-out and executed with military precision."

Sgt Akbar had been in charge of a grenade cache and was discovered hiding in a bunker holding a rifle later found to have been used in the attack. His fingerprint was found on a generator that had been shut off beforehand.

Witnesses testified that Sgt Akbar, a convert to Islam, was motivated by sympathy for Iraqi Muslims who he reportedly said Americans had come to "kill and rape".