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| SAS sergeant Danny Nightingale will fight to have conviction quashed | SAS sergeant Danny Nightingale will fight to have conviction quashed |
| (9 days later) | |
| The SAS sergeant released from jail after winning an appeal against his sentence for firearms offences will fight on to have the conviction quashed, it has emerged. | The SAS sergeant released from jail after winning an appeal against his sentence for firearms offences will fight on to have the conviction quashed, it has emerged. |
| Danny Nightingale, 37, was this month given 18 months' military detention for illegally possessing a pistol and ammunition. | Danny Nightingale, 37, was this month given 18 months' military detention for illegally possessing a pistol and ammunition. |
| But on Thursday three appeal judges concluded that the sentence was too harsh. They cut the term to 12 months, saying it should be suspended and ordered Nightingale's release. | But on Thursday three appeal judges concluded that the sentence was too harsh. They cut the term to 12 months, saying it should be suspended and ordered Nightingale's release. |
| Despite describing the prospect of being home with his family as an "early Christmas present", Nightingale and his wife, Sally, said he would continue to appeal against the conviction. The couple appeared on ITV's Daybreak programme on Friday morning with their two children. | Despite describing the prospect of being home with his family as an "early Christmas present", Nightingale and his wife, Sally, said he would continue to appeal against the conviction. The couple appeared on ITV's Daybreak programme on Friday morning with their two children. |
| Speaking later to Victoria Derbyshire on BBC Radio 5 Live, Sally Nightingale, from Cheshire, said: "Danny is very limited on what he can say," but added that they were fighting to get his conviction quashed. | Speaking later to Victoria Derbyshire on BBC Radio 5 Live, Sally Nightingale, from Cheshire, said: "Danny is very limited on what he can say," but added that they were fighting to get his conviction quashed. |
| "Today I am really happy with the result we got yesterday but we do need to go on and we need to clear Danny's name," she said. | "Today I am really happy with the result we got yesterday but we do need to go on and we need to clear Danny's name," she said. |
| "Danny has been used as a scapegoat and they chose the wrong person to do that to. | "Danny has been used as a scapegoat and they chose the wrong person to do that to. |
| "There are so many mitigating circumstances. He was the wrong person to choose to make an example of." | "There are so many mitigating circumstances. He was the wrong person to choose to make an example of." |
| Nightingale was sent to a military detention centre in Colchester after he pleaded guilty at a court martial to possessing a Glock 9mm pistol and more than 300 rounds of ammunition, including 50 rounds of armour-piercing bullets. | Nightingale was sent to a military detention centre in Colchester after he pleaded guilty at a court martial to possessing a Glock 9mm pistol and more than 300 rounds of ammunition, including 50 rounds of armour-piercing bullets. |
| He admitted that the gun had been given to him in Iraq in 2007, and that he had intended to deactivate it and have it framed as a war souvenir. He had kept the ammunition following training exercises. | He admitted that the gun had been given to him in Iraq in 2007, and that he had intended to deactivate it and have it framed as a war souvenir. He had kept the ammunition following training exercises. |
| The hearing heard that Nightingale's memory had been affected by seizures and a coma he had suffered while undertaking a 132-mile run in the jungle of Brazil in October 2009. Although he had returned to active duty within a year, he was still affected by what had happened, and his recollection of how he got the gun and from whom were not reliable. | The hearing heard that Nightingale's memory had been affected by seizures and a coma he had suffered while undertaking a 132-mile run in the jungle of Brazil in October 2009. Although he had returned to active duty within a year, he was still affected by what had happened, and his recollection of how he got the gun and from whom were not reliable. |
| The lord chief justice, Lord Judge, the most senior judge in England and Wales, said Nightingale had behaved with "great folly" by keeping the pistol and ammunition at his army flat in Hereford. But he considered that the exceptional circumstances of the case, which included the sniper's 11 years of service in the special forces regiment, meant the punishment imposed by a court martial this month could be reduced to a 12-month suspended sentence. | The lord chief justice, Lord Judge, the most senior judge in England and Wales, said Nightingale had behaved with "great folly" by keeping the pistol and ammunition at his army flat in Hereford. But he considered that the exceptional circumstances of the case, which included the sniper's 11 years of service in the special forces regiment, meant the punishment imposed by a court martial this month could be reduced to a 12-month suspended sentence. |
| Judge, who was sitting with Mr Justice Fulford and Mr Justice Bean, said he could not quash the conviction on the evidence put before the court of appeal. A separate hearing will take place. | Judge, who was sitting with Mr Justice Fulford and Mr Justice Bean, said he could not quash the conviction on the evidence put before the court of appeal. A separate hearing will take place. |
| Nightingale said the most difficult part of being locked up was not knowing when he would be free to see his wife and daughters, Alys and Mara. | Nightingale said the most difficult part of being locked up was not knowing when he would be free to see his wife and daughters, Alys and Mara. |
| "It's something that is totally different because all of a sudden you don't know when you're going to see your family," he said. | "It's something that is totally different because all of a sudden you don't know when you're going to see your family," he said. |
| "This was a totally unknown entity really and it came as a big surprise." | "This was a totally unknown entity really and it came as a big surprise." |
| Asked how his daughters had welcomed him, he said they asked him to "tickle my feet, Daddy", and added: "The hugs were enough really, words weren't needed to be spoken, hugs were enough." | Asked how his daughters had welcomed him, he said they asked him to "tickle my feet, Daddy", and added: "The hugs were enough really, words weren't needed to be spoken, hugs were enough." |
| Nightingale said he had been treated "very well" in detention at Colchester military corrective training centre and praised the staff for their professionalism. | Nightingale said he had been treated "very well" in detention at Colchester military corrective training centre and praised the staff for their professionalism. |
| The soldier also told the BBC he had received letters from people across the world, including Australia, New Zealand, Canada and the US, and had so far replied to 351. Such support, he said, was "a very, very humbling experience". | The soldier also told the BBC he had received letters from people across the world, including Australia, New Zealand, Canada and the US, and had so far replied to 351. Such support, he said, was "a very, very humbling experience". |
| His wife added: "People see the military fighting for them and representing them and protecting them and for him to be given a custodial sentence I think just outraged people, especially the job that Danny did." | His wife added: "People see the military fighting for them and representing them and protecting them and for him to be given a custodial sentence I think just outraged people, especially the job that Danny did." |
| Despite his experiences, Nightingale said on Friday that "common sense had prevailed", adding that his feelings towards the military had not changed. | Despite his experiences, Nightingale said on Friday that "common sense had prevailed", adding that his feelings towards the military had not changed. |
| Asked whether he wanted to return to the SAS, he said: "As it stands, of course I do. The proudest moment of my life was the day I walked into that establishment." | Asked whether he wanted to return to the SAS, he said: "As it stands, of course I do. The proudest moment of my life was the day I walked into that establishment." |
| However, the publicity that helped to bring Nightingale's case before the court of appeal so quickly will almost certainly mean that his career in the Special Forces is over. | However, the publicity that helped to bring Nightingale's case before the court of appeal so quickly will almost certainly mean that his career in the Special Forces is over. |
| The SAS places high value on secrecy about its soldiers and what they do, and Nightingale has been compromised by agreeing to have his name put in the public domain. Even if the court of appeal quashes his conviction, he has now become too high-profile to reintegrate into the regiment. | The SAS places high value on secrecy about its soldiers and what they do, and Nightingale has been compromised by agreeing to have his name put in the public domain. Even if the court of appeal quashes his conviction, he has now become too high-profile to reintegrate into the regiment. |
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