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Judges reject media request to release marine shooting video Judges reject media request to release marine shooting video
(about 3 hours later)
Three of the UK’s most senior judges have rejected a request by the Guardian and other media organisations to sanction the release of video footage showing a British Royal Marine shooting dead a wounded Taliban fighter.Three of the UK’s most senior judges have rejected a request by the Guardian and other media organisations to sanction the release of video footage showing a British Royal Marine shooting dead a wounded Taliban fighter.
Alexander Blackman is serving life for the murder of the injured man but his case has been referred to the court martial appeal court following an investigation by the Criminal Cases Review Commission (CCRC). An appeal hearing is due to take place next week.Alexander Blackman is serving life for the murder of the injured man but his case has been referred to the court martial appeal court following an investigation by the Criminal Cases Review Commission (CCRC). An appeal hearing is due to take place next week.
At the centre of the original court martial in 2013 was footage taken from another marine’s head-cam showing the incident, which took place in Helmand six years ago.At the centre of the original court martial in 2013 was footage taken from another marine’s head-cam showing the incident, which took place in Helmand six years ago.
Still images and audio were released at the time but the Ministry of Defence successfully argued then that publication of the video would be a propaganda gift to terrorists who wished to harm the UK.Still images and audio were released at the time but the Ministry of Defence successfully argued then that publication of the video would be a propaganda gift to terrorists who wished to harm the UK.
Media organisations including the Guardian have been arguing that in the interests of open justice the video should finally be released now, but the MoD and Blackman’s legal team oppose the move.Media organisations including the Guardian have been arguing that in the interests of open justice the video should finally be released now, but the MoD and Blackman’s legal team oppose the move.
The Guardian, BBC, ITN, Times Newspapers and Sky appeared at the court martial appeal court in London on Tuesday to put forward arguments on why the video ought to be seen by the public. The Guardian, BBC, ITN, Times Newspapers and Sky were at the court martial appeal court in London on Tuesday to put forward arguments on why the video ought to be seen by the public.
Hearing the case was the lord chief justice, Lord Thomas of Cwmgiedd, Sir Brian Leveson and Lady Justice Hallett. They ruled that the footage showing the treatment of the Taliban fighter and the shooting should not be released. They also ordered that the detail of the legal argument that preceded their decision should not be published.Hearing the case was the lord chief justice, Lord Thomas of Cwmgiedd, Sir Brian Leveson and Lady Justice Hallett. They ruled that the footage showing the treatment of the Taliban fighter and the shooting should not be released. They also ordered that the detail of the legal argument that preceded their decision should not be published.
The footage that was seen at the original court martial shows marines dragging a wounded fighter across a field and abusing him before Blackman shoots him in the chest. He can be heard telling the man: “Shuffle off this mortal coil, you cunt,” and instructing his fellow marines: “Obviously this doesn’t go anywhere, fellas … I’ve just broken the Geneva convention.”The footage that was seen at the original court martial shows marines dragging a wounded fighter across a field and abusing him before Blackman shoots him in the chest. He can be heard telling the man: “Shuffle off this mortal coil, you cunt,” and instructing his fellow marines: “Obviously this doesn’t go anywhere, fellas … I’ve just broken the Geneva convention.”
Shortly before the court was due to sit to hear the start of the media’s application last month, a one-page risk assessment drawn up by the Research Information and Communications Unit, together with a three-page annex, was handed in by the MoD’s legal team. RICU is a cross-departmental strategic communications body based at the Office for Security and Counter-terrorism at the Home Office. Shortly before the court was due to sit to hear the start of the media’s application last month, a one-page risk assessment drawn up by the Research Information and Communications Unit– together with a three-page annex – was handed in by the MoD’s legal team. RICU is a cross-departmental strategic communications body based at the Office for Security and Counter-terrorism at the Home Office.
Also handed in was a threat assessment by the Joint Terrorism Analysis Centre that was prepared for the 2013 case. It looked at the threat posed to Blackman and two other marines who were with him that day. In addition Jonathan Goldberg QC, for Blackman, said at last month’s hearing Blackman’s wife, Claire, was “frightened” of the consequences of the footage being published.Also handed in was a threat assessment by the Joint Terrorism Analysis Centre that was prepared for the 2013 case. It looked at the threat posed to Blackman and two other marines who were with him that day. In addition Jonathan Goldberg QC, for Blackman, said at last month’s hearing Blackman’s wife, Claire, was “frightened” of the consequences of the footage being published.
At the start of the original court martial hearing in 2013, government expert Paul Mott said it was the most potent footage of its kind he had viewed. “I’ve seen nothing that surpasses it in terms of radicalisation potential. It’s exceptionally worrying,” said Mott. “There’s nothing I have seen that … matches its emotional power. It is a gift in propaganda terms.”At the start of the original court martial hearing in 2013, government expert Paul Mott said it was the most potent footage of its kind he had viewed. “I’ve seen nothing that surpasses it in terms of radicalisation potential. It’s exceptionally worrying,” said Mott. “There’s nothing I have seen that … matches its emotional power. It is a gift in propaganda terms.”
Blackman was sentenced to life with a minimum term of 10 years, which was later reduced to eight years on appeal. He remains in prison and watched Tuesday’s proceedings via a video link. His wife was in court.Blackman was sentenced to life with a minimum term of 10 years, which was later reduced to eight years on appeal. He remains in prison and watched Tuesday’s proceedings via a video link. His wife was in court.
The CCRC has said it had concluded that a number of new issues, including fresh evidence relating to Blackman’s mental state, “raise a real possibility” that the court martial appeal court “will now quash Mr Blackman’s murder conviction”.The CCRC has said it had concluded that a number of new issues, including fresh evidence relating to Blackman’s mental state, “raise a real possibility” that the court martial appeal court “will now quash Mr Blackman’s murder conviction”.