A SOLDIER has been cleared of assaulting an Iraqi detainee.

Sergeant Kelvin Stacey, 30, one of seven Queen's Lancashire Regiment soldiers on trial for allegedly ill treating suspected insurgents, was found not guilty by a court martial in Bulford, Wiltshire.

The decision to acquit Stacey on a charge of assault, occasioning actual bodily harm due to lack of evidence came after the four-month prosecution case closed yesterday.

Stacey remains on trial facing a single charge of common assault, drafted as an alternative to the ABH on which he was cleared.

Although the prosecution has conceded that there is no medical evidence of the specific attack, it is alleged by one witness that Stacey kicked and punched a hooded Iraqi detainee being held in Basra in September 2003.

Earlier in the trial, Private Jonathan Lee said he saw Stacey kick a man to the floor and punch him around five times, stamping on his back, neck and chest.

"I do not think he could have struck him harder," he told the court.

Seven QLR soldiers are on trial at Bulford. Cpl Donald Payne, 35, formerly of the QLR, which is now the Duke of Lancaster's Regiment, became Britain's first war criminal when he admitted treating Iraqi detainees inhumanely.

Payne denies two further charges - the manslaughter of Baha Musa, and a third charge of perverting the course of justice.

His six co-defendants all deny the charges.

Lance Cpl Wayne Crowcroft, 22, of the QLR, denies a charge of inhumane treatment, as does Pte Darren Fallon, 23, of the same regiment.

Major Michael Peebles, 35, and Warrant Officer Mark Davies, 37, both of the Intelligence Corps, each deny negligently performing a duty -failing to ensure the Iraqi detainees were not mistreated.

Colonel Jorge Mendonca, 42, former commander of the QLR, also denies negligently performing a duty.

(Proceeding)