The British SAS catch all

[davidbfpo]

An update, one that I know causes some controversy within the UK military:

Despite his conviction being quashed at the Court of Appeal, military prosecutors intend to hold a re-trial. A preparatory hearing is scheduled at the Military Court in Wiltshire on May 1st to commence this process and Danny will plead not-guilty.

Link:http://dannynightingale.org/

Oddly the outline of the case only refers to the pistol found, not the rather large amount of ammunition - which I have yet to see an explanation for.

Yes, there is an appeal for donations.

[carl]

David:

338 rounds of pistol ammunition is not a large amount of ammunition. 7 boxes gets lost in most people's garden shed. If it was loose it would get lost in the little drawer in the kitchen where you put things you don't know where else to put. Shoot, 200 rounds is just a good afternoon's practice.

[davidbfpo]

Carl,

I agree that:

..338 rounds of pistol ammunition is not a large amount of ammunition...

He may have a good excuse for the gifted pistol being forgotten, but the ammunition there is no explanation to date. It is that big gap that those UK military I spoke simply could not accept, to the extent of dismissing his entire case.

[davidbfpo]

From the BBC:

The Medical Board of the British Army said Sgt Danny Nightingale should be discharged on medical grounds after suffering brain damage in 2009. A judge ordered the retrial of the 38-year-old from Crewe, on Wednesday.

Link:http://www.bbc.co.uk/news/uk-england-22387128 and on the re-trial:http://www.bbc.co.uk/news/uk-england-22370943

Interesting comment by Sally Nightingale:

Danny belonged to one of the finest Regiments in the world because he is a fighter. Although he is obviously upset that his career is over, we'll get it through together and once the Court Martial is over, start his re-integration to civilian life. A bigger question for me is how the Service Prosecuting Authority felt able to say repeatedly during the Court of Appeal proceedings that Danny had been certified fit for duty when it is clear that the opposite was in reality the case.

[Red Rat]

Seems straightforward to me, it depends on the time the Service Prosecuting Authority (SPA) was referring to. I suspect that the SPA was referring to the time of the offence, the Army Medical Board is referring to now.

While serving, like many soldiers, Sergeant Nightingale may have wanted to continue serving (there is nothing to indicate that he did not) and therefore may not have presented the full range of symptoms necessary to make a determination of being unfit to serve. His defence however relied heavily on aspects resulting from his injuries. Different times, perspectives and information presented.

I am slightly disconcerted by this case. A soldier was found with an illegal firearm and ammunition. I think the last time that someone was not jailed for this type of offence was a Dundee Grandmother With Her Grandfather's War Souvenir. The report on the link is worth reading as it goes into many of the legal issues. Firearms is a Reserved Issue with regards to Scottish legislation and there is no significant difference between Scottish and English law on this. English legal precedent is also applicable in Scotland.

[davidbfpo]

Hidden away in a BBC regional news area:

Danny Nightingale had been recommended for the discharge after suffering brain damage in 2009....the retrial...is expected to start on 1 July.

Link:http://www.bbc.co.uk/news/uk-england-22843522

[davidbfpo]

Sgt Danny Nightingale avoided a jail sentence today, with a suspended jail sentence for possession of the ammunition. The military judge was very critical of the defence given and the public campaign.

Link:http://www.telegraph.co.uk/news/ukne...oids-jail.html or http://www.bbc.co.uk/news/uk-england-23450909