This article is from the source 'guardian' and was first published or seen on . It last changed over 40 days ago and won't be checked again for changes.
You can find the current article at its original source at http://www.guardian.co.uk/uk/2012/nov/20/sas-sniper-case-attorney-general
The article has changed 7 times. There is an RSS feed of changes available.
| Version 0 | Version 1 |
|---|---|
| 'I can't intervene in SAS sniper case,' attorney general tells defence secretary | 'I can't intervene in SAS sniper case,' attorney general tells defence secretary |
| (35 minutes later) | |
| The attorney general has said it would be inappropriate for him to intervene in the case of a jailed SAS soldier, after a request by the defence secretary for him to review the conviction. | |
| Philip Hammond raised the issue with Dominic Grieve in response to outrage among Britain's special forces about the jailing of the experienced SAS soldier for possessing a pistol and ammunition at home. | |
| In a carefully worded statement, Hammond asked Grieve "for advice in relation to the case of Sergeant Danny Nightingale". The Ministry of Defence said Hammond asked the attorney general "to review whether the public interest test has been applied appropriately". | |
| However, officials quickly made it clear that neither the defence secretary nor the attorney general could intervene in a case brought by the independent service prosecutor and decided by a court martial. The matter was due to be raised in a Commons adjournment debate on Tuesday night but the case now rests on the outcome of an appeal Nightingale is expected to lodge this week, possibly as early as Wednesday, when he is also likely to apply for bail. That would be heard by a military court martial appeal body. | However, officials quickly made it clear that neither the defence secretary nor the attorney general could intervene in a case brought by the independent service prosecutor and decided by a court martial. The matter was due to be raised in a Commons adjournment debate on Tuesday night but the case now rests on the outcome of an appeal Nightingale is expected to lodge this week, possibly as early as Wednesday, when he is also likely to apply for bail. That would be heard by a military court martial appeal body. |
| A spokesperson for the attorney general said it would be inappropriate for him to review "either the decision to prosecute or comment on the appropriateness of the sentence. That is a matter for the court martial appeal court, in due course." | A spokesperson for the attorney general said it would be inappropriate for him to review "either the decision to prosecute or comment on the appropriateness of the sentence. That is a matter for the court martial appeal court, in due course." |
| Nightingale, 37, was jailed this month after pleading guilty to possessing a Glock 9mm pistol which he said was given to him after he left Iraq in 2007 at the end of a training course. Many rounds of live ammunition, including armour-piercing bullets, were also found at the home of the SAS sniper. | |
| Nightingale's family said he pleaded guilty on the understanding that he would get a lenient sentence, perhaps suspended. He was sentenced to 18 months in prison. | |
| His father, Humphrey, told Sky News: "We knew Danny was not guilty but the judge made it quite clear that if he did not plead guilty he would be sent to a civilian jail for a minimum of five years." | |
| Nightingale, a father of two who was deployed in Iraq and Afghanistan, is at the Military Corrective Training Centre in Colchester, Essex. | Nightingale, a father of two who was deployed in Iraq and Afghanistan, is at the Military Corrective Training Centre in Colchester, Essex. |
| The pistol was a gift from Iraqi soldiers whom he had been training. It had been packed up and sent to him by colleagues in Iraq after he had to leave the country in a hurry to help organise the funeral of two friends killed in action. | The pistol was a gift from Iraqi soldiers whom he had been training. It had been packed up and sent to him by colleagues in Iraq after he had to leave the country in a hurry to help organise the funeral of two friends killed in action. |
| Pleading for mitigation, his lawyer told the court martial that Nightingale suffered from medical problems which affected his memory and did not remember having the weapon. He had experienced "serious amnesia" as a result of being in a coma in 2009, the court was told. | |
| His wife, Sally, said her husband was struggling with being locked up for 16 hours a day. | His wife, Sally, said her husband was struggling with being locked up for 16 hours a day. |
| Julian Brazier, the MP for Canterbury and Whitstable, said: "It was humbling in a way to feel that such a guy, who has given so many years' service could have been brought so low by a system of which I am part, the legislature." | Julian Brazier, the MP for Canterbury and Whitstable, said: "It was humbling in a way to feel that such a guy, who has given so many years' service could have been brought so low by a system of which I am part, the legislature." |
| Four special forces veterans, including the former commanding officer of the SAS, have written to the prime minister claiming Nightingale was "the victim of a monstrous miscarriage of justice". | Four special forces veterans, including the former commanding officer of the SAS, have written to the prime minister claiming Nightingale was "the victim of a monstrous miscarriage of justice". |
| His solicitor, Simon McKay, said Nightingale would be lodging an appeal against the detention on the grounds his client only pleaded guilty after being told he might otherwise be jailed for five years. | His solicitor, Simon McKay, said Nightingale would be lodging an appeal against the detention on the grounds his client only pleaded guilty after being told he might otherwise be jailed for five years. |
| "That guilty plea is not a true reflection of how he feels about this case," McKay told Sky News. "He has always maintained that he wasn't legally guilty of possession of this firearm." | "That guilty plea is not a true reflection of how he feels about this case," McKay told Sky News. "He has always maintained that he wasn't legally guilty of possession of this firearm." |