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Court names Royal Marines acquitted of Afghan insurgent's murder | Court names Royal Marines acquitted of Afghan insurgent's murder |
(about 7 hours later) | |
Two Royal Marines who were acquitted of the murder of an injured insurgent in Afghanistan can be named for the first time as Corporal Christopher Glyn Watson and Marine Jack Alexander Hammond. | Two Royal Marines who were acquitted of the murder of an injured insurgent in Afghanistan can be named for the first time as Corporal Christopher Glyn Watson and Marine Jack Alexander Hammond. |
The release of their identities follows a ruling this month at the high court in London. It was confirmed by the court on Thursday that an anonymity order preventing publication of their names had been lifted. | |
Lord Chief Justice Lord Thomas, sitting with Mr Justice Tugendhat and Mr Justice Holroyde, announced on 5 December that an anonymity order should be lifted in the case of Sergeant Alexander Wayne Blackman, who was convicted of murder, and also in relation to the two acquitted servicemen. | Lord Chief Justice Lord Thomas, sitting with Mr Justice Tugendhat and Mr Justice Holroyde, announced on 5 December that an anonymity order should be lifted in the case of Sergeant Alexander Wayne Blackman, who was convicted of murder, and also in relation to the two acquitted servicemen. |
Blackman, who is serving a life sentence, was previously referred to as Marine A. The acquitted men were known as Marines B and C. Although the three judges said the names of Marines B and C should also be made public, their identities were not immediately revealed pending a possible move by their lawyers to take the issue to the supreme court, the UK's highest court. But the high court confirmed that no such application had been made within the set deadline and therefore the order preventing publication of their names had been discharged. | |
Watson was previously known as Marine B and Hammond as Marine C. | Watson was previously known as Marine B and Hammond as Marine C. |
On 8 November a court martial board in Bulford, Wiltshire, found Blackman, 39, guilty of murdering the insurgent who had been seriously injured in an attack by an Apache helicopter in Helmand more than two years ago. Watson and Hammond were acquitted while charges against a further two servicemen had been discontinued earlier. | On 8 November a court martial board in Bulford, Wiltshire, found Blackman, 39, guilty of murdering the insurgent who had been seriously injured in an attack by an Apache helicopter in Helmand more than two years ago. Watson and Hammond were acquitted while charges against a further two servicemen had been discontinued earlier. |
Following the conviction of Blackman – a hugely experienced Royal Marine who completed tours of Iraq, Afghanistan and Northern Ireland during his military career – Judge Advocate General Jeff Blackett ruled that the names of the three defendants and the two other servicemen should be made public. | Following the conviction of Blackman – a hugely experienced Royal Marine who completed tours of Iraq, Afghanistan and Northern Ireland during his military career – Judge Advocate General Jeff Blackett ruled that the names of the three defendants and the two other servicemen should be made public. |
Lawyers for the five challenged that decision at the high court, arguing that their lives would be at "real and immediate" risk if their names were released. | Lawyers for the five challenged that decision at the high court, arguing that their lives would be at "real and immediate" risk if their names were released. |
The question of naming the two marines against whom charges were discontinued, referred to as Marines D and E, will be the subject of a further hearing and the ban on naming them remains in force pending any further order by the Judge Advocate General. | The question of naming the two marines against whom charges were discontinued, referred to as Marines D and E, will be the subject of a further hearing and the ban on naming them remains in force pending any further order by the Judge Advocate General. |
In a written ruling explaining the reasons for the court's 5 December decision, Lord Thomas emphasised the importance of open justice. | In a written ruling explaining the reasons for the court's 5 December decision, Lord Thomas emphasised the importance of open justice. |
In the case of Blackman, Lord Thomas said the balance came "very firmly down on the side of open justice" and in relation to Marines B and C, "the public interest in open justice" was the same, adding: "It can make no difference that B and C were acquitted". | In the case of Blackman, Lord Thomas said the balance came "very firmly down on the side of open justice" and in relation to Marines B and C, "the public interest in open justice" was the same, adding: "It can make no difference that B and C were acquitted". |
In the cases of Marines B and C, Lord Thomas said: "The risk to these two marines was not immediate. They have returned to service. The MoD has taken steps to protect them; arrangements have been made with the local police in respect of their families. | In the cases of Marines B and C, Lord Thomas said: "The risk to these two marines was not immediate. They have returned to service. The MoD has taken steps to protect them; arrangements have been made with the local police in respect of their families. |
"There is nothing to suggest that this will not continue. In the circumstances, it would not be reasonable to make so substantial a derogation from open justice as to prohibit the identification of any of the defendants B and C. | "There is nothing to suggest that this will not continue. In the circumstances, it would not be reasonable to make so substantial a derogation from open justice as to prohibit the identification of any of the defendants B and C. |
"The risks to the Article 8 rights (right to respect for private and family life) are not, in this case, sufficient to outweigh the importance of open justice." | "The risks to the Article 8 rights (right to respect for private and family life) are not, in this case, sufficient to outweigh the importance of open justice." |
The court also had to bear in mind that orders prohibiting identification of the accused "carry dangers to third parties where, as here, there are other people with some innocent involvement in the events giving rise to the charges". | The court also had to bear in mind that orders prohibiting identification of the accused "carry dangers to third parties where, as here, there are other people with some innocent involvement in the events giving rise to the charges". |
The judge said: "If the names of the accused are not known, attempts at revenge may be directed to others present at the same time as those whose names have been published." | The judge said: "If the names of the accused are not known, attempts at revenge may be directed to others present at the same time as those whose names have been published." |
Blackman, who denied murder, joined the Royal Marines in 1998, and was in charge of Command Post Omar in Helmand during Operation Herrick 14 in 2011. | Blackman, who denied murder, joined the Royal Marines in 1998, and was in charge of Command Post Omar in Helmand during Operation Herrick 14 in 2011. |
Before a video of the murder came to light, Blackman was being considered for promotion to Colour Sergeant. He shot the unknown insurgent in the chest but said he believed the man was already dead and he was taking out his anger on a corpse. He has said he feels ashamed of his actions, describing them as "a stupid lack of self-control and lapse in judgment". | |
As the fighter lay on the floor convulsing and struggling for breath, Blackman told him: "There you are. Shuffle off this mortal coil you cunt. It's nothing you wouldn't do to us." | |
He then turned to his comrades and said: "Obviously this doesn't go anywhere fellas. I just broke the Geneva convention." PA | |
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