US officer who refused to deploy to Iraq on trial

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The judge barred several experts in international and constitutional law from testifying about the legality of the war on Monday. The officer called the US occupation morally wrong and a horrible breach of American law.

The judge in the case against the first US officer charged with refusing to deploy to Iraq barred several experts in international and constitutional law from testifying about the legality of the war on Monday.

In the Fort Lewis court martial, the military judge, Lt. Col. John Head refused almost all the defence witnesses in the case against 1st Lt. Ehren Watada (wuh-TOD'-uh), 28, of Honolulu, who is charged with missing movement for refusing to ship out with his unit, the 3rd Brigade, 2nd Infantry Division.

Watada also faces charges of conduct unbecoming an officer for accusing the Army of war crimes and denouncing the administration for conducting an "illegal war" founded on "lies."

The judge agreed with the military that the international and constitutional law experts would be irrelevant. Head has already ruled that Lieutenant Ehren Watada cannot base his defence on the legality of the war.

Demonstrators supporting Watada paraded near Fort Lewis, some calling for the President George W. Bush to be impeached. If convicted on the charges, Watada could receive four years in prison and a dishonourable discharge. He has requested that his case be heard by a military panel of officers, the equivalent of a jury. It had not yet been selected on Monday.

"Illegal and immoral war"

Last June, Watada refused to go to Iraq with his unit, the 3rd Brigade, 2nd Infantry Division, based at Fort Lewis. He then publicly discussed his reasons for not deploying, including his belief that the war was both illegal and immoral.

Watada, who joined the Army in March 2003, has called the US occupation of Iraq morally wrong and a horrible breach of American law.

Charges later filed against the soldier did little to quell his actions. In August, he spoke at a Veterans for Peace rally in Seattle, in which he again criticised the war.

Following Monday's court session, Watada's attorney Eric Seitz spoke with reporters. Seitz noted that the judge was not allowing the defence to call witnesses who questioned the legality of the war or other efforts to contradict war time policies.Seitz said the courtroom atmosphere was tense as the judge had been denying defence motions."I would suggest that this is a typical kind of military case where the military doesn't want to hear what you want to say and we're battling to say even the simplest things," added Seitz.

Watada is expected to take the stand on Wednesday. One of Watada's superior officers will also be called to the stand to testify on his behalf.