A judge declared a mistrial on Thursday after a jury said it could not reach a verdict in the trial of a military contractor accused of contributing to the abuse of detainees at the Abu Ghraib Prison in Iraq two decades ago.
The mistrial was called after the jury deliberated for eight days – longer than the trial.
The eight-member civil jury in Alexandria, Virginia, was deadlocked on accusations that the civilian interrogators who were supplied to the US Army at Abu Ghraib in 2003 and 2004 conspired with soldiers to abuse detainees, “softening them up” for questioning.
The trial was the first time a US jury heard claims brought by Abu Ghraib survivors in the 20 years since photos of their abuse – including smiling US soldiers inflicting it – shocked the world during the American occupation of Iraq.
Reston, Virginia-based military contractor CACI had denied that it was complicit in the inmates’ abuse.
It said that its employees had minimal interaction with the three plaintiffs in the case and that any liability for their mistreatment belonged to the government, not CACI.
Jurors told the Associated Press that a
Most of the panel sided with the plaintiffs, jurors told AP, but they would not say exactly how many.
The jury sent out a note on Wednesday afternoon saying it was deadlocked, and indicating in particular that it was hung up on a legal principle known as the “borrowed servants” doctrine.
CACI, as one of its defences, said it should not be liable for any misdeeds by its employees if they were under the control and direction of the Army.
The plaintiffs’ lawyers tried to bar CACI from making that argument at trial, but US District Judge Leonie Brinkema allowed the jury to consider it.
Both sides argued about the scope of the doctrine.
Fundamentally, though, if CACI could prove its interrogators were under the command and control of the Army at the time any misconduct occurred, then the jury was instructed to find in the company's favour.
The issue of who controlled CACI interrogators occupied a significant part of the trial. Company officials testified that they basically turned over supervision of the interrogators to the Army.
Lawyers for the plaintiffs introduced evidence including CACI’s contract with the Army, which required the company to supervise its own employees.
Jurors also saw a section of the Army Field Manual that pertains to contractors and states that “only contractors may supervise and give direction to their employees".
In their note explaining the deadlock, the jury also said the manual was one of the pieces of evidence over which they disagreed.
The jurors who spoke to AP said there was conflicting evidence in the case about whether CACI retained control of its employees while they were in Abu Ghraib.
The plaintiffs can seek a retrial.
Asked if they would do so, one of their lawyers, Baher Azmy with the Center for Constitutional Rights, said that “the current expectation is that we'll continue to fight”.
“The work we put in to this case is a fraction of what they endured as survivors of the horrors of Abu Ghraib, and we want to honour their courage,” Mr Azmy said.
The lawsuit was first filed in 2008 and was delayed by 15 years of legal wrangling and multiple attempts by CACI to have the case dismissed.
During the trial that began April 15, lawyers for the three plaintiffs argued that CACI was liable for their mistreatment even if they couldn’t prove that CACI’s interrogators were the ones who directly inflicted the abuse.
They argued that the interrogators had entered into a conspiracy with the military police who inflicted the abuse by instructing soldiers to “soften up” detainees for questioning.
The evidence included reports from two retired Army generals, who documented the abuse and concluded that multiple CACI interrogators were complicit in the abuse.
After the jury was dismissed, Ms Brinkema questioned whether a retrial would be a good idea in remarks to the lawyers, though she did not elaborate.
She said that “what happened in this case is absolutely appalling. It should never happen again.”
She also said contractors working side by side with the military should take notice that if they witness misconduct by servicemembers, they should perhaps be prepared to speak up about it.
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Korean Film Festival 2019 line-up
Innocent Witness, June 26 at 7pm
On Your Wedding Day, June 27 at 7pm
The Great Battle, June 27 at 9pm
The Witch: Part 1. The Subversion, June 28 at 4pm
Romang, June 28 at 6pm
Mal Mo E: The Secret Mission, June 28 at 8pm
Underdog, June 29 at 2pm
Nearby Sky, June 29 at 4pm
A Resistance, June 29 at 6pm
Fixtures and results:
Wed, Aug 29:
- Malaysia bt Hong Kong by 3 wickets
- Oman bt Nepal by 7 wickets
- UAE bt Singapore by 215 runs
Thu, Aug 30:
- UAE bt Nepal by 78 runs
- Hong Kong bt Singapore by 5 wickets
- Oman bt Malaysia by 2 wickets
Sat, Sep 1: UAE v Hong Kong; Oman v Singapore; Malaysia v Nepal
Sun, Sep 2: Hong Kong v Oman; Malaysia v UAE; Nepal v Singapore
Tue, Sep 4: Malaysia v Singapore; UAE v Oman; Nepal v Hong Kong
Thu, Sep 6: Final
World record transfers
1. Kylian Mbappe - to Real Madrid in 2017/18 - €180 million (Dh770.4m - if a deal goes through)
2. Paul Pogba - to Manchester United in 2016/17 - €105m
3. Gareth Bale - to Real Madrid in 2013/14 - €101m
4. Cristiano Ronaldo - to Real Madrid in 2009/10 - €94m
5. Gonzalo Higuain - to Juventus in 2016/17 - €90m
6. Neymar - to Barcelona in 2013/14 - €88.2m
7. Romelu Lukaku - to Manchester United in 2017/18 - €84.7m
8. Luis Suarez - to Barcelona in 2014/15 - €81.72m
9. Angel di Maria - to Manchester United in 2014/15 - €75m
10. James Rodriguez - to Real Madrid in 2014/15 - €75m
SCORES
Yorkshire Vikings 144-1 in 12.5 overs
(Tom Kohler 72 not out, Harry Broook 42 not out)
bt Hobart Hurricanes 140-7 in 20 overs
(Caleb Jewell 38, Sean Willis 35, Karl Carver 2-29, Josh Shaw 2-39)
Know your camel milk:
Flavour: Similar to goat’s milk, although less pungent. Vaguely sweet with a subtle, salty aftertaste.
Texture: Smooth and creamy, with a slightly thinner consistency than cow’s milk.
Use it: In your morning coffee, to add flavour to homemade ice cream and milk-heavy desserts, smoothies, spiced camel-milk hot chocolate.
Goes well with: chocolate and caramel, saffron, cardamom and cloves. Also works well with honey and dates.
MATCH INFO
Hoffenheim v Liverpool
Uefa Champions League play-off, first leg
Location: Rhein-Neckar-Arena, Sinsheim
Kick-off: Tuesday, 10.45pm (UAE)
The specs
Engine: 3.8-litre twin-turbo flat-six
Power: 650hp at 6,750rpm
Torque: 800Nm from 2,500-4,000rpm
Transmission: 8-speed dual-clutch auto
Fuel consumption: 11.12L/100km
Price: From Dh796,600
On sale: now
Mercer, the investment consulting arm of US services company Marsh & McLennan, expects its wealth division to at least double its assets under management (AUM) in the Middle East as wealth in the region continues to grow despite economic headwinds, a company official said.
Mercer Wealth, which globally has $160 billion in AUM, plans to boost its AUM in the region to $2-$3bn in the next 2-3 years from the present $1bn, said Yasir AbuShaban, a Dubai-based principal with Mercer Wealth.
“Within the next two to three years, we are looking at reaching $2 to $3 billion as a conservative estimate and we do see an opportunity to do so,” said Mr AbuShaban.
Mercer does not directly make investments, but allocates clients’ money they have discretion to, to professional asset managers. They also provide advice to clients.
“We have buying power. We can negotiate on their (client’s) behalf with asset managers to provide them lower fees than they otherwise would have to get on their own,” he added.
Mercer Wealth’s clients include sovereign wealth funds, family offices, and insurance companies among others.
From its office in Dubai, Mercer also looks after Africa, India and Turkey, where they also see opportunity for growth.
Wealth creation in Middle East and Africa (MEA) grew 8.5 per cent to $8.1 trillion last year from $7.5tn in 2015, higher than last year’s global average of 6 per cent and the second-highest growth in a region after Asia-Pacific which grew 9.9 per cent, according to consultancy Boston Consulting Group (BCG). In the region, where wealth grew just 1.9 per cent in 2015 compared with 2014, a pickup in oil prices has helped in wealth generation.
BCG is forecasting MEA wealth will rise to $12tn by 2021, growing at an annual average of 8 per cent.
Drivers of wealth generation in the region will be split evenly between new wealth creation and growth of performance of existing assets, according to BCG.
Another general trend in the region is clients’ looking for a comprehensive approach to investing, according to Mr AbuShaban.
“Institutional investors or some of the families are seeing a slowdown in the available capital they have to invest and in that sense they are looking at optimizing the way they manage their portfolios and making sure they are not investing haphazardly and different parts of their investment are working together,” said Mr AbuShaban.
Some clients also have a higher appetite for risk, given the low interest-rate environment that does not provide enough yield for some institutional investors. These clients are keen to invest in illiquid assets, such as private equity and infrastructure.
“What we have seen is a desire for higher returns in what has been a low-return environment specifically in various fixed income or bonds,” he said.
“In this environment, we have seen a de facto increase in the risk that clients are taking in things like illiquid investments, private equity investments, infrastructure and private debt, those kind of investments were higher illiquidity results in incrementally higher returns.”
The Abu Dhabi Investment Authority, one of the largest sovereign wealth funds, said in its 2016 report that has gradually increased its exposure in direct private equity and private credit transactions, mainly in Asian markets and especially in China and India. The authority’s private equity department focused on structured equities owing to “their defensive characteristics.”
The specs
Engine: 2.0-litre 4-cylinder turbo hybrid
Transmission: eight-speed automatic
Power: 390bhp
Torque: 400Nm
Price: Dh340,000 ($92,579
The National's picks
4.35pm: Tilal Al Khalediah
5.10pm: Continous
5.45pm: Raging Torrent
6.20pm: West Acre
7pm: Flood Zone
7.40pm: Straight No Chaser
8.15pm: Romantic Warrior
8.50pm: Calandogan
9.30pm: Forever Young
England Test squad
Joe Root (captain), Moeen Ali, James Anderson, Jonny Bairstow (wicketkeeper), Stuart Broad, Jos Buttler, Alastair Cook, Sam Curran, Keaton Jennings, Dawid Malan, Jamie Porter, Adil Rashid, Ben Stokes.
UAE cricketers abroad
Sid Jhurani is not the first cricketer from the UAE to go to the UK to try his luck.
Rameez Shahzad Played alongside Ben Stokes and Liam Plunkett in Durham while he was studying there. He also played club cricket as an overseas professional, but his time in the UK stunted his UAE career. The batsman went a decade without playing for the national team.
Yodhin Punja The seam bowler was named in the UAE’s extended World Cup squad in 2015 despite being just 15 at the time. He made his senior UAE debut aged 16, and subsequently took up a scholarship at Claremont High School in the south of England.
