Sgt Danny Nightingale to Face a Retrial

 

May 2, 2013

Former SAS sniper Sergeant Danny Nightingale will face a retrial for illegally possessing a pistol and ammunition.

Earlier the case was adjourned after secret emails were revealed to the court, which appeared to show the Director of Service Prosecutions consulting the military "chain of command" on whether or not to pursue the case against the soldier.

Sgt Nightingale, was originally sentenced to 18 months' military detention after pleading guilty.

He successfully appealed against the sentence and was released after three weeks.

Judges concluded the original 18-month sentence from November was too harsh and cut the term to 12 months, saying it should be suspended, prompting Sgt Nightingale's immediate release.

The Court of Appeal also quashed his conviction, saying a fresh court martial should be held.

Sgt Nightingale, who served in Iraq and Afghanistan, would be expected to plead not guilty at a retrial, his defence team arguing that a brain injury affecting his memory is a critical element in the case.

 *Previous Sgt Nightingale post - with more background.

UPDATED (2) : Sgt Danny Nightingale: SAS Hero sent to jail as criminal

UPDATE 2:  SAS man Danny Nightingale challenges gun conviction



Stay tuned...

Those of us who watch and support our Military (on both sides of the Atlantic) are very familiar with the governments of our country throwing our Troops into jail under absurd circumstances.  We have seen, all too often, our Troops charged and convicted after they have laid their lives on the line for us, despite serving under Rules of Engagement which empower our enemies. .

Sgt Danny Nightingale of Britain is the latest, and what is happening to him is a travesty.   

From The Telegraph:

SAS war hero jailed after 'betrayal'

An SAS soldier has been jailed for possessing a “war trophy” pistol presented to him by the Iraqi Army for outstanding service.

Sgt Danny Nightingale with his wife Sally on their wedding day and, right, on duty Photo: WARREN SMITH

By Sean Rayment, Defence Correspondent

10 Nov 2012

Sgt Danny Nightingale, a special forces sniper who served in Iraq and Afghanistan, was sentenced to 18 months in military detention by a court martial last week. 

His sentence was described last night as the “betrayal of a war hero”, made worse because it was handed down in the run-up to Remembrance Sunday. 

Sgt Nightingale had planned to fight the charge of illegally possessing the 9mm Glock. 

But his lawyer said he pleaded guilty after being warned that he could otherwise face a five-year sentence.

The soldier had hoped for leniency given the circumstances. At the court martial, even the prosecution described him as a serviceman of exemplary character, who had served his country for 17 years, 11 in the special forces. 

The court was told that he returned to Britain in a hurry after two friends were killed in Iraq, leaving his equipment — including the pistol — to be packed up by colleagues.

For more of the background details - and links for more on the story - on what his wife Sally calls (and I agree) "a disgrace" go here.

There is a petition to demand the release of Sgt Nightingale from jail, and return him to his family.  

It states:

It is a betrayal of an exemplary member of HM armed forces. The circumstances of this case (war trophy overlooked in the haste of battle preparation) in no way warrant a custodial sentence.

Please go sign it and stand with him in the face of this betrayal.  



Update:  There are FaceBook pages springing up to show support of this SAS Hero.  THIS seems to be the one with the most uptodate information, and a place to see what is being done. 


Interview with Sally Nightingale here.