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SAS Sniper Danny Nightingale changed his story about pistol, court martial told SAS Sniper Danny Nightingale changed his story about pistol, court martial told
(3 months later)
A former special forces soldier has changed his account of how a pistol and more than 300 rounds of ammunition came to be stored in the bedroom of his civilian house, a court martial has been told.A former special forces soldier has changed his account of how a pistol and more than 300 rounds of ammunition came to be stored in the bedroom of his civilian house, a court martial has been told.
Sergeant Danny Nightingale originally claimed the weapon had been brought back to the UK as a trophy from Iraq, where he had been serving. But Nightingale was now apparently claiming that the weapon and ammunition may have been planted by somebody else, the court martial heard. He denies possession of the pistol and the ammunition.Sergeant Danny Nightingale originally claimed the weapon had been brought back to the UK as a trophy from Iraq, where he had been serving. But Nightingale was now apparently claiming that the weapon and ammunition may have been planted by somebody else, the court martial heard. He denies possession of the pistol and the ammunition.
Setting out the prosecution's case, Timothy Cray said Nightingale insisted that his confusion followed a serious illness he suffered while taking part in an endurance event in Brazil.Setting out the prosecution's case, Timothy Cray said Nightingale insisted that his confusion followed a serious illness he suffered while taking part in an endurance event in Brazil.
Cray acknowledged that Nightingale was a fine soldier but he said that no member of the armed services was above the law of the land. He told the five-person panel hearing the court martial in Wiltshire: "No soldier, no matter what his experience or what unit he is attached to is above the law."Cray acknowledged that Nightingale was a fine soldier but he said that no member of the armed services was above the law of the land. He told the five-person panel hearing the court martial in Wiltshire: "No soldier, no matter what his experience or what unit he is attached to is above the law."
He added: "Even good soldiers can make mistakes. We say he made a series of mistakes that put the public at risk."He added: "Even good soldiers can make mistakes. We say he made a series of mistakes that put the public at risk."
Cray told the court that in September 2011 a house in the UK shared by the defendant and a fellow member of special forces, who can be identified only as N, was searched by police.Cray told the court that in September 2011 a house in the UK shared by the defendant and a fellow member of special forces, who can be identified only as N, was searched by police.
In Nightingale's wardrobe they found a Glock pistol and under his bed 338 live rounds of ammunition, including 172 rounds that could have been used in the pistol. The gun was found in a black case, the ammunition in a large clear plastic box, it was claimed.In Nightingale's wardrobe they found a Glock pistol and under his bed 338 live rounds of ammunition, including 172 rounds that could have been used in the pistol. The gun was found in a black case, the ammunition in a large clear plastic box, it was claimed.
Cray said possession of the gun and ammunition was in breach of service standing orders and contrary to the laws of the land.Cray said possession of the gun and ammunition was in breach of service standing orders and contrary to the laws of the land.
He continued: "We say there is no excuse for what the defendant did. No matter how he tries to deny it, the gun and ammunition were in his bedroom because he put them there and kept them there.He continued: "We say there is no excuse for what the defendant did. No matter how he tries to deny it, the gun and ammunition were in his bedroom because he put them there and kept them there.
"These are the plain facts, which he will not face up to. The prosecution says that he possessed these lethal items unlawfully and he chose to leave them in an insecure, civilian house.""These are the plain facts, which he will not face up to. The prosecution says that he possessed these lethal items unlawfully and he chose to leave them in an insecure, civilian house."
Cray said the law was strict because of the "dangers to life and public safety that arise" if such equipment falls in the wrong hands.Cray said the law was strict because of the "dangers to life and public safety that arise" if such equipment falls in the wrong hands.
He added: "Those dangers were particularly acute in this case given the quantity of 9mm rounds that were stored in the same room as the gun."He added: "Those dangers were particularly acute in this case given the quantity of 9mm rounds that were stored in the same room as the gun."
Cray said Nightingale gave "various explanations" as to how he got hold of the gun and ammunition.Cray said Nightingale gave "various explanations" as to how he got hold of the gun and ammunition.
He first told police he was given the gun by Iraqis during a mission to Baghdad. He said he put the pistol into a large green "gorilla" box used to transport his kit home.He first told police he was given the gun by Iraqis during a mission to Baghdad. He said he put the pistol into a large green "gorilla" box used to transport his kit home.
Cray claimed Nightingale said he had not fired it, but had stripped and assembled it and thus knew that all the working parts were there.Cray claimed Nightingale said he had not fired it, but had stripped and assembled it and thus knew that all the working parts were there.
Regarding the ammunition, Cray said Nightingale gave a detailed account of moving it to his house. He said he had "accumulated" the ammunition because he was a range instructor and it had built up through poor administration and repeated failures to book it back into secure stores or put it in an amnesty bin.Regarding the ammunition, Cray said Nightingale gave a detailed account of moving it to his house. He said he had "accumulated" the ammunition because he was a range instructor and it had built up through poor administration and repeated failures to book it back into secure stores or put it in an amnesty bin.
But Cray said Nightingale now seemed to be claiming that those explanations were "unreliable" and that "someone else could have put the gun in his wardrobe and the ammunition under his bed".But Cray said Nightingale now seemed to be claiming that those explanations were "unreliable" and that "someone else could have put the gun in his wardrobe and the ammunition under his bed".
Nightingale was claiming that his unreliable memory was the result of an illness suffered during a recreational endurance event in Brazil in October 2009.Nightingale was claiming that his unreliable memory was the result of an illness suffered during a recreational endurance event in Brazil in October 2009.
Cray said: "The crown's case is that there is no proper basis for the defendant having false memories in relation to the pistol or the ammunition.Cray said: "The crown's case is that there is no proper basis for the defendant having false memories in relation to the pistol or the ammunition.
"The evidence will show that he returned to full duty with a special forces unit in January 2010, passed all assessments and was fit to deploy in an operation role to Afghanistan.""The evidence will show that he returned to full duty with a special forces unit in January 2010, passed all assessments and was fit to deploy in an operation role to Afghanistan."
Cray said the case had attracted wide media interest partly because of the "mystique" that surrounds the unit and the "secrecy that cloaks its operations".Cray said the case had attracted wide media interest partly because of the "mystique" that surrounds the unit and the "secrecy that cloaks its operations".
But he said there were no special exemptions for the unit when it came to following the relevant standing orders regarding the storage of ammunition and arms.But he said there were no special exemptions for the unit when it came to following the relevant standing orders regarding the storage of ammunition and arms.
He went on: "We suggest there is nothing very mysterious about this case. It turns on the common-sense proposition that a soldier is, or should be, responsible for his own kit and that either the defendant stored these items in his bedroom or that someone else managed to plant them and the defendant managed to miss them and had nothing to do with them."He went on: "We suggest there is nothing very mysterious about this case. It turns on the common-sense proposition that a soldier is, or should be, responsible for his own kit and that either the defendant stored these items in his bedroom or that someone else managed to plant them and the defendant managed to miss them and had nothing to do with them."
Cray told the court that the search of Nightingale's bedroom followed an allegation made against his housemate, soldier N.Cray told the court that the search of Nightingale's bedroom followed an allegation made against his housemate, soldier N.
N has admitted storing a weapon, ammunition and hand grenade at the address, and is serving a sentence for those offences.N has admitted storing a weapon, ammunition and hand grenade at the address, and is serving a sentence for those offences.
Cray suggested to the board that they had to decide if Nightingale put the pistol and ammunition in his bedroom or whether someone else had done so.Cray suggested to the board that they had to decide if Nightingale put the pistol and ammunition in his bedroom or whether someone else had done so.
They had to ask themselves: "If the gun and ammunition belonged to someone else how did the defendant miss it?" Finally a question to consider was: "Is this claim of memory loss the truth or a lie told to try and avoid the consequences of the truth?"They had to ask themselves: "If the gun and ammunition belonged to someone else how did the defendant miss it?" Finally a question to consider was: "Is this claim of memory loss the truth or a lie told to try and avoid the consequences of the truth?"
The court martial continues.The court martial continues.
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