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| Danny Nightingale case: court of appeal to rule on jailed SAS soldier | Danny Nightingale case: court of appeal to rule on jailed SAS soldier |
| (30 days later) | |
| An SAS soldier who was ordered to spend 18 months in a military jail for firearms offences could be freed on Thursday when his lawyers contest the sentence in a hearing at the court of appeal. | An SAS soldier who was ordered to spend 18 months in a military jail for firearms offences could be freed on Thursday when his lawyers contest the sentence in a hearing at the court of appeal. |
| They will argue the court martial was too harsh on Sergeant Danny Nightingale, 37, and that expert medical evidence showed he could have been unaware that he had 338 rounds of ammunition and a pistol among his possessions. | They will argue the court martial was too harsh on Sergeant Danny Nightingale, 37, and that expert medical evidence showed he could have been unaware that he had 338 rounds of ammunition and a pistol among his possessions. |
| Lord Judge, the lord chief justice, is expected to give a ruling following a campaign led by the soldier's wife, Sally Nightingale. | Lord Judge, the lord chief justice, is expected to give a ruling following a campaign led by the soldier's wife, Sally Nightingale. |
| Several MPs and former officers of the armed forces have rallied to support the family, and Downing Street has expressed sympathy over the case. | Several MPs and former officers of the armed forces have rallied to support the family, and Downing Street has expressed sympathy over the case. |
| A special forces sniper who served in Iraq and Afghanistan, Danny Nightingale went before a court martial in early November and pleaded guilty to possessing a Glock 9mm pistol, and hundreds of rounds of live ammunition, including 50 armour-piercing bullets. | A special forces sniper who served in Iraq and Afghanistan, Danny Nightingale went before a court martial in early November and pleaded guilty to possessing a Glock 9mm pistol, and hundreds of rounds of live ammunition, including 50 armour-piercing bullets. |
| They were found in September 2011 when police searched the army flat in Hereford where he was staying and found the black pistol on the top shelf of his wardrobe and ammunition in a plastic container under his bed. | They were found in September 2011 when police searched the army flat in Hereford where he was staying and found the black pistol on the top shelf of his wardrobe and ammunition in a plastic container under his bed. |
| The court martial heard that Nightingale admitted to West Mercia detectives he had brought the gun back from Iraq in 2007, and that he had kept the ammunition after undertaking training duties. | The court martial heard that Nightingale admitted to West Mercia detectives he had brought the gun back from Iraq in 2007, and that he had kept the ammunition after undertaking training duties. |
| He blamed poor administration for keeping the firearms and said he had always intended to deactivate the gun and have it framed as a war souvenir. Nightingale pleaded guilty to two charges at the court martial, which took place in Bulford in front of a military board chaired by judge advocate Alistair McGrigor. Under the Firearms Act to 1968, defendants in such cases can expect a minimum of five years imprisonment, unless there are exceptional circumstances. | He blamed poor administration for keeping the firearms and said he had always intended to deactivate the gun and have it framed as a war souvenir. Nightingale pleaded guilty to two charges at the court martial, which took place in Bulford in front of a military board chaired by judge advocate Alistair McGrigor. Under the Firearms Act to 1968, defendants in such cases can expect a minimum of five years imprisonment, unless there are exceptional circumstances. |
| Nightingale's legal team argued such circumstances existed, drawing on evidence from a clinical psychologist, Dr Susan Young, who suggested Nightingale's memories of what had happened, and his admissions, were not reliable. | Nightingale's legal team argued such circumstances existed, drawing on evidence from a clinical psychologist, Dr Susan Young, who suggested Nightingale's memories of what had happened, and his admissions, were not reliable. |
| The court martial was told Nightingale sustain a traumatic brain injury in October, 2009, when he attempted a 132-mile marathon in the jungle in Brazil. | The court martial was told Nightingale sustain a traumatic brain injury in October, 2009, when he attempted a 132-mile marathon in the jungle in Brazil. |
| On the first day, he over-hydrated, suffering fits, seizures and falling into a coma. Doctors misdiagnosed him, and put him on a drip, which made the condition worse. | On the first day, he over-hydrated, suffering fits, seizures and falling into a coma. Doctors misdiagnosed him, and put him on a drip, which made the condition worse. |
| At one point, Nightingale, a father of two, had a temperature of 111 degrees. "Very, very few individuals would have survived this," the judge advocate was told. | At one point, Nightingale, a father of two, had a temperature of 111 degrees. "Very, very few individuals would have survived this," the judge advocate was told. |
| Though the soldier battled back to fitness and was again deployed on operations in May, 2011, he still suffers from cognitive brain impairment that makes him prone to imagine false memories, the court martial was told. | Though the soldier battled back to fitness and was again deployed on operations in May, 2011, he still suffers from cognitive brain impairment that makes him prone to imagine false memories, the court martial was told. |
| Nightingale's legal team said the soldier had, in fact, not been in Iraq when the gun and the rest of his possessions were packed up and sent back to the UK – a colleague had bundled his things together for him. | Nightingale's legal team said the soldier had, in fact, not been in Iraq when the gun and the rest of his possessions were packed up and sent back to the UK – a colleague had bundled his things together for him. |
| The soldier also had no memory of who gave him the pistol, where or when, and had no recollection of moving either the gun or the ammunition into the flat. | The soldier also had no memory of who gave him the pistol, where or when, and had no recollection of moving either the gun or the ammunition into the flat. |
| Nightingale had hoped for a suspended sentence, but McGrigor ruled he should spend 18 months at the military corrective training centre in Colchester, Essex. | Nightingale had hoped for a suspended sentence, but McGrigor ruled he should spend 18 months at the military corrective training centre in Colchester, Essex. |
| "We are concerned that a senior non-commissioned officer of your experience thought it right to effectively hoard ammunition," McGrigor said during sentencing. | "We are concerned that a senior non-commissioned officer of your experience thought it right to effectively hoard ammunition," McGrigor said during sentencing. |
| "We consider you knew full well that such items were never to be held insecurely at your home. The court would not be doing its duty in relation to protection of the public at large if it did not bear in mind the potential grave consequences of your behaviour. You must understand these are extremely serious offences that require a custodial sentence of considerable length." | "We consider you knew full well that such items were never to be held insecurely at your home. The court would not be doing its duty in relation to protection of the public at large if it did not bear in mind the potential grave consequences of your behaviour. You must understand these are extremely serious offences that require a custodial sentence of considerable length." |
| Sally Nightingale wrote to David Cameron saying the sentence was "wholly disproportionate to any crime committed. My husband is a good man, a loving father and a loyal servant to his country. He should not be locked away behind bars." | Sally Nightingale wrote to David Cameron saying the sentence was "wholly disproportionate to any crime committed. My husband is a good man, a loving father and a loyal servant to his country. He should not be locked away behind bars." |
| Philip Hammond, the defence secretary, asked the attorney general, Dominic Grieve, to intervene, but Grieve said it would be inappropriate to do so. | Philip Hammond, the defence secretary, asked the attorney general, Dominic Grieve, to intervene, but Grieve said it would be inappropriate to do so. |
| During a debate on the case in the House of Commons last week, MPs demanded that Nightingale be freed. | During a debate on the case in the House of Commons last week, MPs demanded that Nightingale be freed. |
| Julian Lewis, the Tory MP for New Forest East, said the case highlighted the "iniquitous" problem of plea bargaining, a reference to claims that Nightingale had been told he could face a five-year jail term unless he pleaded guilty. | Julian Lewis, the Tory MP for New Forest East, said the case highlighted the "iniquitous" problem of plea bargaining, a reference to claims that Nightingale had been told he could face a five-year jail term unless he pleaded guilty. |
| "The appeal when it comes should not be opposed and this man should be allowed to resume his career and his life with the honour he so richly deserves." | "The appeal when it comes should not be opposed and this man should be allowed to resume his career and his life with the honour he so richly deserves." |
| Julian Brazier, the Tory MP for Canterbury and a former member of the territorial SAS, said Nightingale had "risked his life for his country again and again". | Julian Brazier, the Tory MP for Canterbury and a former member of the territorial SAS, said Nightingale had "risked his life for his country again and again". |
| Lieutenant Colonel Richard Williams, who was Nightingale's commanding officer in Iraq, said the soldier had been treated "like a gangster", adding: "This is the first time I have looked at a court marshall case and thought its judgment and sentence outrageous." | Lieutenant Colonel Richard Williams, who was Nightingale's commanding officer in Iraq, said the soldier had been treated "like a gangster", adding: "This is the first time I have looked at a court marshall case and thought its judgment and sentence outrageous." |
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