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Marine's conviction for killing Afghan insurgent could be quashed Marine's conviction for killing Afghan insurgent could be quashed | |
(17 days later) | |
A former Royal Marine serving a life sentence for murdering a wounded Afghan insurgent faces the “real possibility” of having his conviction quashed following the presentation of new evidence, an independent review has found. | A former Royal Marine serving a life sentence for murdering a wounded Afghan insurgent faces the “real possibility” of having his conviction quashed following the presentation of new evidence, an independent review has found. |
The Criminal Cases Review Commission (CCRC) has confirmed it is referring the conviction of Sgt Alexander Blackman, also known as Marine A, to the courts martial appeal court. | The Criminal Cases Review Commission (CCRC) has confirmed it is referring the conviction of Sgt Alexander Blackman, also known as Marine A, to the courts martial appeal court. |
Blackman was found guilty of murder at a court martial at the military court centre, Bulford, Wiltshire, in 2013. But the presentation of new evidence relating to Blackman’s mental health at the time of the death in Helmand – and the fact that an alternative verdict of unlawful act manslaughter was not available during the trial – means the case will return to the court. | Blackman was found guilty of murder at a court martial at the military court centre, Bulford, Wiltshire, in 2013. But the presentation of new evidence relating to Blackman’s mental health at the time of the death in Helmand – and the fact that an alternative verdict of unlawful act manslaughter was not available during the trial – means the case will return to the court. |
The decision marks the latest step in the fight by Blackman’s wife, Claire, to clear her husband’s name. | The decision marks the latest step in the fight by Blackman’s wife, Claire, to clear her husband’s name. |
David James Smith, lead CCRC commissioner on the case, said: “We have scrutinised this murder conviction in minute detail and after a thorough investigation we have concluded that there are new issues – principally relating to Mr Blackman’s state of mind at the time of the shooting – which in our view raise a real possibility that an appeal against conviction would now succeed. | David James Smith, lead CCRC commissioner on the case, said: “We have scrutinised this murder conviction in minute detail and after a thorough investigation we have concluded that there are new issues – principally relating to Mr Blackman’s state of mind at the time of the shooting – which in our view raise a real possibility that an appeal against conviction would now succeed. |
“On that basis we are sending the case back to the courts martial appeal court so that a fresh appeal can be heard.” | “On that basis we are sending the case back to the courts martial appeal court so that a fresh appeal can be heard.” |
Blackman, who was serving with Plymouth-based 42 Commando, quoted Shakespeare as he shot his victim in the chest at close range with a 9mm pistol after the Afghan had been seriously injured in an attack by an Apache helicopter. | Blackman, who was serving with Plymouth-based 42 Commando, quoted Shakespeare as he shot his victim in the chest at close range with a 9mm pistol after the Afghan had been seriously injured in an attack by an Apache helicopter. |
Footage from another marine’s helmet-mounted camera showed Blackman shooting the Afghan prisoner in the chest with a 9mm pistol. | Footage from another marine’s helmet-mounted camera showed Blackman shooting the Afghan prisoner in the chest with a 9mm pistol. |
Blackman was then heard telling him: “There you are. Shuffle off this mortal coil, you c***. It’s nothing you wouldn’t do to us.” He then turned to comrades and said: “Obviously this doesn’t go anywhere, fellas. I just broke the Geneva convention.” | Blackman was then heard telling him: “There you are. Shuffle off this mortal coil, you c***. It’s nothing you wouldn’t do to us.” He then turned to comrades and said: “Obviously this doesn’t go anywhere, fellas. I just broke the Geneva convention.” |
During the trial, Blackman, of Taunton in Somerset, said he believed the victim was already dead and he was taking out his anger on a corpse. Two other servicemen – known as Marine B and Marine C – were acquitted of murder. | During the trial, Blackman, of Taunton in Somerset, said he believed the victim was already dead and he was taking out his anger on a corpse. Two other servicemen – known as Marine B and Marine C – were acquitted of murder. |
Confirmation of the CCRC decision comes after an 11-month investigation into the conviction and sentence. In a statement, the CCRC said new expert evidence had come to light, while an alternative charge was now available. | Confirmation of the CCRC decision comes after an 11-month investigation into the conviction and sentence. In a statement, the CCRC said new expert evidence had come to light, while an alternative charge was now available. |
It said: “The Commission has concluded that these issues raise a real possibility that the courts martial appeal court will now quash Mr Blackman’s murder conviction.” | It said: “The Commission has concluded that these issues raise a real possibility that the courts martial appeal court will now quash Mr Blackman’s murder conviction.” |
It will now be for the court to hear a fresh appeal and to decide the case. | It will now be for the court to hear a fresh appeal and to decide the case. |