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| SAS sniper Danny Nightingale has gun possession conviction quashed | SAS sniper Danny Nightingale has gun possession conviction quashed |
| (about 1 month later) | |
| An SAS sniper has had his convictions for illegally possessing a pistol and ammunition quashed by the court of appeal. | An SAS sniper has had his convictions for illegally possessing a pistol and ammunition quashed by the court of appeal. |
| Danny Nightingale, 38, of Crewe, Cheshire, had been sentenced to 18 months' military detention by a judge sitting in a military court in November 2012 after admitting he should not have stored a Glock 9mm pistol and more than 300 rounds of ammunition at his army lodgings. | Danny Nightingale, 38, of Crewe, Cheshire, had been sentenced to 18 months' military detention by a judge sitting in a military court in November 2012 after admitting he should not have stored a Glock 9mm pistol and more than 300 rounds of ammunition at his army lodgings. |
| Following a long-running campaign, the court of appeal quashed the convictions and ordered a retrial after Nightingale's lawyers argued that the sergeant had been placed under "improper pressure" to plead guilty at a military court trial and that his conviction was unsafe. | Following a long-running campaign, the court of appeal quashed the convictions and ordered a retrial after Nightingale's lawyers argued that the sergeant had been placed under "improper pressure" to plead guilty at a military court trial and that his conviction was unsafe. |
| The court had already concluded at a hearing in late November that the sentence handed down to the sniper, who had served for 11 years in the special forces regiment, was too harsh. | The court had already concluded at a hearing in late November that the sentence handed down to the sniper, who had served for 11 years in the special forces regiment, was too harsh. |
| At that hearing three appeal judges cut Nightingale's term to 12 months, said it should be suspended, and ordered his release. | At that hearing three appeal judges cut Nightingale's term to 12 months, said it should be suspended, and ordered his release. |
| At the November appeal hearing, the court had been told that the gun had been a gift from Iraqi special forces soldiers Nightingale had trained and that he planned to have the weapon decommissioned to keep as a trophy. | At the November appeal hearing, the court had been told that the gun had been a gift from Iraqi special forces soldiers Nightingale had trained and that he planned to have the weapon decommissioned to keep as a trophy. |
| However, lawyers said, he appeared to have put it in a cupboard in army accommodation in Hereford on a "very hectic day" while preparing to deploy to Afghanistan. | However, lawyers said, he appeared to have put it in a cupboard in army accommodation in Hereford on a "very hectic day" while preparing to deploy to Afghanistan. |
| Nightingale also submitted that his memory had been affected following a previous exercise in the jungles of Brazil and so was unable to recall certain events. | Nightingale also submitted that his memory had been affected following a previous exercise in the jungles of Brazil and so was unable to recall certain events. |
| Lawyers also argued that Nightingale had previously entered a guilty plea because he thought that his sentence would be suspended. | Lawyers also argued that Nightingale had previously entered a guilty plea because he thought that his sentence would be suspended. |
| Prosecutors told the court that the convictions were not unsafe and should not be overturned. | Prosecutors told the court that the convictions were not unsafe and should not be overturned. |
| Nightingale said outside court: "I'm very relieved that the conviction has been quashed. Very relieved. Fantastic. We now have a retrial to face." | Nightingale said outside court: "I'm very relieved that the conviction has been quashed. Very relieved. Fantastic. We now have a retrial to face." |
| He said any decision on whether he returned to duty pending the retrial would be for the Ministry of Defence. | He said any decision on whether he returned to duty pending the retrial would be for the Ministry of Defence. |
| Nightingale's wife, Sally, added: "Mixed emotions. I'm relieved the convictions have been quashed. There has been ordered to be a re-trial. It's still not over." | Nightingale's wife, Sally, added: "Mixed emotions. I'm relieved the convictions have been quashed. There has been ordered to be a re-trial. It's still not over." |
| Appeal judges said the judge at Nightingale's military trial had given an "uninvited sentence indication". | Appeal judges said the judge at Nightingale's military trial had given an "uninvited sentence indication". |
| They said that indication had "narrowed" Nightingale's freedom of choice when considering pleas to charges. They said his guilty plea was therefore nullified and ordered a re-trial. | They said that indication had "narrowed" Nightingale's freedom of choice when considering pleas to charges. They said his guilty plea was therefore nullified and ordered a re-trial. |
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