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| Marines accused of murdering captured Afghan granted anonymity | Marines accused of murdering captured Afghan granted anonymity |
| (7 days later) | |
| Five Royal Marines charged with murdering a captured Afghan suspect should not be identified during their trial, a military judge has ruled. | Five Royal Marines charged with murdering a captured Afghan suspect should not be identified during their trial, a military judge has ruled. |
| The decision to protect the soldiers' anonymity until the end of court martial proceedings was made by the judge advocate general, Jeff Blackett, in a ruling on Wednesday. | The decision to protect the soldiers' anonymity until the end of court martial proceedings was made by the judge advocate general, Jeff Blackett, in a ruling on Wednesday. |
| A number of news organisations, including the Press Association, had challenged the defendants' claim that their lives would be put at risk if they were named. | A number of news organisations, including the Press Association, had challenged the defendants' claim that their lives would be put at risk if they were named. |
| The five soldiers, known only as Marines A, B, C, D and E, are accused of murdering an unknown captured Afghan national on or about 15 September last year contrary to section 42 of the Armed Forces Act (2006). | The five soldiers, known only as Marines A, B, C, D and E, are accused of murdering an unknown captured Afghan national on or about 15 September last year contrary to section 42 of the Armed Forces Act (2006). |
| They first appeared before the court last month when an interim order was made under armed forces rules and the Contempt of Court Act preventing publication of their names due to a "real and immediate risk" to their lives. | They first appeared before the court last month when an interim order was made under armed forces rules and the Contempt of Court Act preventing publication of their names due to a "real and immediate risk" to their lives. |
| The servicemen were subsequently released from custody on the orders of a judge when they appeared at another secret hearing on 22 October. The judge advocate general said he had sent them back to their barracks, where they would remain subject to specific conditions. | The servicemen were subsequently released from custody on the orders of a judge when they appeared at another secret hearing on 22 October. The judge advocate general said he had sent them back to their barracks, where they would remain subject to specific conditions. |
| The challenge to the interim anonymity order and reporting restrictions was held at the Military Court Centre in Bulford, Wiltshire, on Monday. Some of the evidence was taken in a closed court session including a document entitled Royal Marines – Threat Assessment from a departmental security officer at the Ministry of Defence, citing an assessment from the Joint Terrorism Analysis Centre. | The challenge to the interim anonymity order and reporting restrictions was held at the Military Court Centre in Bulford, Wiltshire, on Monday. Some of the evidence was taken in a closed court session including a document entitled Royal Marines – Threat Assessment from a departmental security officer at the Ministry of Defence, citing an assessment from the Joint Terrorism Analysis Centre. |
| The judge also heard testimony from Anthony Tucker-Jones, a former defence intelligence officer and author of The Rise of Militant Islam, who had been instructed by the legal representatives of Marine B. | The judge also heard testimony from Anthony Tucker-Jones, a former defence intelligence officer and author of The Rise of Militant Islam, who had been instructed by the legal representatives of Marine B. |
| In the ruling published on Wednesday, Blackett said: "On a joint application from the defence and the prosecution, I considered evidence relating to a security assessment in camera. | In the ruling published on Wednesday, Blackett said: "On a joint application from the defence and the prosecution, I considered evidence relating to a security assessment in camera. |
| "This was necessary because some of the material was of a highly sensitive or classified nature. As a result, the press were unable to test any of the evidence which I heard from the defence expert, but I asked him to comment on the substance of their submissions." | "This was necessary because some of the material was of a highly sensitive or classified nature. As a result, the press were unable to test any of the evidence which I heard from the defence expert, but I asked him to comment on the substance of their submissions." |
| The judge concluded: "I am satisfied that there may be a real and immediate risk to the defendants' lives based on the information which is currently in the public domain, and that the risk will increase significantly when all of the prosecution evidence is disclosed as the trial unfolds. | The judge concluded: "I am satisfied that there may be a real and immediate risk to the defendants' lives based on the information which is currently in the public domain, and that the risk will increase significantly when all of the prosecution evidence is disclosed as the trial unfolds. |
| "The risk comes from organised terrorist activity and 'lone wolves' who are unpredictable. In this respect, members of the armed forces are entitled to be treated differently from civilians within this country at this moment in history. | "The risk comes from organised terrorist activity and 'lone wolves' who are unpredictable. In this respect, members of the armed forces are entitled to be treated differently from civilians within this country at this moment in history. |
| "While they must remain accountable for their actions, and part of that accountability is through open justice, they are also entitled to protection from terrorists who may not be concerned with due process, and who may well attempt revenge attacks. | "While they must remain accountable for their actions, and part of that accountability is through open justice, they are also entitled to protection from terrorists who may not be concerned with due process, and who may well attempt revenge attacks. |
| "In other words, any assessment of risk must err on the side of the safety of members of the armed forces. I am not prepared to take a chance with these men's lives. | "In other words, any assessment of risk must err on the side of the safety of members of the armed forces. I am not prepared to take a chance with these men's lives. |
| "If the defendants are acquitted at trial, then it is right that their identities are protected for the future … If they, or any one of them, are convicted then the issue of anonymity will be reassessed." | "If the defendants are acquitted at trial, then it is right that their identities are protected for the future … If they, or any one of them, are convicted then the issue of anonymity will be reassessed." |
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