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SAS man Danny Nightingale challenges gun conviction | SAS man Danny Nightingale challenges gun conviction |
(about 7 hours later) | |
An SAS soldier sentenced to 18 months' military detention for possessing a Glock pistol which he says was given as a present in Iraq is to have his case heard by the Court of Appeal later. | |
Lawyers for Sgt Danny Nightingale say he did not pack the gun and, because of a brain injury, forgot he had it. | Lawyers for Sgt Danny Nightingale say he did not pack the gun and, because of a brain injury, forgot he had it. |
They will argue the sentence is too long and say a hearing to review the conviction will be held in the future. | They will argue the sentence is too long and say a hearing to review the conviction will be held in the future. |
His wife, Sally, has led a high-profile campaign calling for his release. | His wife, Sally, has led a high-profile campaign calling for his release. |
Nightingale, 37, from Crewe, Cheshire, pleaded guilty at a court martial earlier this month to illegally possessing the 9mm Glock pistol and ammunition, which were found by West Mercia Police at his Army accommodation near Hereford. | |
The father-of-two was sentenced to serve 18 months at the Military Corrective Training Centre in Colchester, Essex. | The father-of-two was sentenced to serve 18 months at the Military Corrective Training Centre in Colchester, Essex. |
Before the appeal was granted, Defence Secretary Philip Hammond asked Attorney General Dominic Grieve to review the case. | Before the appeal was granted, Defence Secretary Philip Hammond asked Attorney General Dominic Grieve to review the case. |
Although Mr Grieve replied quickly, saying it was "inappropriate for him to intervene", Thursday afternoon's proceedings - which will be heard by judges including Lord Chief Justice, Lord Judge - come just a week after the appeal was lodged. | Although Mr Grieve replied quickly, saying it was "inappropriate for him to intervene", Thursday afternoon's proceedings - which will be heard by judges including Lord Chief Justice, Lord Judge - come just a week after the appeal was lodged. |
'Badly let down' | |
After appealing against the sentence, his lawyers say they will also be appealing against the conviction. | After appealing against the sentence, his lawyers say they will also be appealing against the conviction. |
Nightingale's family and friends say he only pleaded guilty after being warned by a court martial judge he could face up to five years' detention if found guilty in a trial. | |
His lawyers argue the guilty plea was "not a true reflection of the level of criminal culpability". | His lawyers argue the guilty plea was "not a true reflection of the level of criminal culpability". |
A petition calling on Mr Hammond to take action to release the soldier has received more than 100,000 signatures. | |
The soldier's father, Humphrey Nightingale, said the family had not expected the first appeal to be heard so soon, but were "very thankful" that it was. | |
He added: "We're hoping that we will get justice this afternoon but we're not raising our hopes too much because we've been so badly let down by the military courts." |
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