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Danny Nightingale's reputation was not the only one tarnished by trial Danny Nightingale's reputation was not the only one tarnished by trial
(2 months later)
On a Friday afternoon in September 2011 police officers broke into a suburban house on a quiet road in the west of England.On a Friday afternoon in September 2011 police officers broke into a suburban house on a quiet road in the west of England.
They were working on a tipoff that weapons and ammunition had been stashed at the address but were still shocked at what they found.They were working on a tipoff that weapons and ammunition had been stashed at the address but were still shocked at what they found.
In a wardrobe of the back bedroom they discovered a 9mm Glock pistol and in a plastic container under the bed there were more than 300 rounds of ammunition.In a wardrobe of the back bedroom they discovered a 9mm Glock pistol and in a plastic container under the bed there were more than 300 rounds of ammunition.
The officers discovered a similar Glock and more ammunition in the front bedroom. Down in the garage there was a "bombmaker's kit", including a timer. A live grenade was nestling in a pot on a shelf. In a lean-to officers found a gun barrel and silencer, while there was even a live round in a pen holder in the kitchen and flares in the conservatory.The officers discovered a similar Glock and more ammunition in the front bedroom. Down in the garage there was a "bombmaker's kit", including a timer. A live grenade was nestling in a pot on a shelf. In a lean-to officers found a gun barrel and silencer, while there was even a live round in a pen holder in the kitchen and flares in the conservatory.
The house (its exact location cannot be given for security reasons) must have seemed like a terrorists' lair. In fact it was the home to two men regarded as among the UK army's best and bravest: SAS operatives Sergeant Danny Nightingale and his close friend and comrade, who can be identified only as "N".The house (its exact location cannot be given for security reasons) must have seemed like a terrorists' lair. In fact it was the home to two men regarded as among the UK army's best and bravest: SAS operatives Sergeant Danny Nightingale and his close friend and comrade, who can be identified only as "N".
The pair, who were serving in Afghanistan at the time, were hauled in front of a senior officer and ordered to pack their bags and go home to explain to West Mercia detectives what they were up to.The pair, who were serving in Afghanistan at the time, were hauled in front of a senior officer and ordered to pack their bags and go home to explain to West Mercia detectives what they were up to.
On the flight back they knew they were in deep trouble – they faced five years in jail for illegal possession of weapons and a dishonourable discharge from the army.On the flight back they knew they were in deep trouble – they faced five years in jail for illegal possession of weapons and a dishonourable discharge from the army.
Within days they were giving similar stories back in Hereford, where the SAS has its regimental headquarters. They both told police detectives they had imported the Glocks from Iraq as war trophies. Explaining the ammunition, they said they were range instructors and had carelessly stockpiled leftover munitions rather than taking them back to camp.Within days they were giving similar stories back in Hereford, where the SAS has its regimental headquarters. They both told police detectives they had imported the Glocks from Iraq as war trophies. Explaining the ammunition, they said they were range instructors and had carelessly stockpiled leftover munitions rather than taking them back to camp.
Nightingale's confession seemed unequivocal. He said he had been gifted the pistol in 2007 by Iraqis he had helped train. "I apologise profusely," he said. On the ammunition he said: "I haven't got any excuse."Nightingale's confession seemed unequivocal. He said he had been gifted the pistol in 2007 by Iraqis he had helped train. "I apologise profusely," he said. On the ammunition he said: "I haven't got any excuse."
West Mercia police was satisfied the pair had not hoarded the items with criminal intentions and handed the case over to the military authorities.West Mercia police was satisfied the pair had not hoarded the items with criminal intentions and handed the case over to the military authorities.
At his court martial last year N accepted responsibility for most of the items found at the house, except for the pistol and ammunition in the back bedroom, where Nightingale slept. He was sentenced to two years' military detention.At his court martial last year N accepted responsibility for most of the items found at the house, except for the pistol and ammunition in the back bedroom, where Nightingale slept. He was sentenced to two years' military detention.
But when he appeared for court martial, Nightingale explained he could not actually remember being given the pistol in Iraq (pdf).But when he appeared for court martial, Nightingale explained he could not actually remember being given the pistol in Iraq (pdf).
It emerged that he had suffered severe brain damage after falling into a coma while taking part in a fundraising endurance run in the Amazon in 2009. Psychiatrists had told him he "confabulated" – unconsciously imagined stories to fill in gaps in his memory.It emerged that he had suffered severe brain damage after falling into a coma while taking part in a fundraising endurance run in the Amazon in 2009. Psychiatrists had told him he "confabulated" – unconsciously imagined stories to fill in gaps in his memory.
But he admitted the offences after the court suggested to him he could be imprisoned for five years unless he pleaded guilty. He expected to be given a suspended sentence and was shocked when he was told he would serve 18 months in prison.But he admitted the offences after the court suggested to him he could be imprisoned for five years unless he pleaded guilty. He expected to be given a suspended sentence and was shocked when he was told he would serve 18 months in prison.
A skilful campaign was launched to free Nightingale on two fronts. His loyal and articulate wife, Sally, stormed the television and radio stations – and persuaded David Cameron to invite her to Downing Street. His young daughters, Mara and Alys, wrote to the prime minister: "Dear Mr Cameron, please help daddy come home, we hope you can help us."A skilful campaign was launched to free Nightingale on two fronts. His loyal and articulate wife, Sally, stormed the television and radio stations – and persuaded David Cameron to invite her to Downing Street. His young daughters, Mara and Alys, wrote to the prime minister: "Dear Mr Cameron, please help daddy come home, we hope you can help us."
His legal team, including human rights solicitor Simon McKay, took the case to the appeal court, where his sentence was reduced and then the conviction quashed because of the way it had been put to him that if he fought the charge he could be jailed for five years.His legal team, including human rights solicitor Simon McKay, took the case to the appeal court, where his sentence was reduced and then the conviction quashed because of the way it had been put to him that if he fought the charge he could be jailed for five years.
That was not, however, the end of it for Nightingale and his family. He was told he would be put before a court martial board again, even though he is to be medically discharged from the army in February because of his mental health issues (both sides accept that he does have problems).That was not, however, the end of it for Nightingale and his family. He was told he would be put before a court martial board again, even though he is to be medically discharged from the army in February because of his mental health issues (both sides accept that he does have problems).
His supporters believe his trial has become a political one. Some claim the authorities have been vindictive towards Nightingale because he and his backers took on the military prosecutors. Others argue that his prosecution is partly an attempt to slap down the SAS, which some within the army and ministry of defence believe has become too powerful and autonomous.His supporters believe his trial has become a political one. Some claim the authorities have been vindictive towards Nightingale because he and his backers took on the military prosecutors. Others argue that his prosecution is partly an attempt to slap down the SAS, which some within the army and ministry of defence believe has become too powerful and autonomous.
The latter theory may be given weight by one ear-catching phrase from the prosecution's opening salvo: "No soldier, no matter what his experience or what unit he is attached to is above the law."The latter theory may be given weight by one ear-catching phrase from the prosecution's opening salvo: "No soldier, no matter what his experience or what unit he is attached to is above the law."
The idea that hidden forces are at work could have been in the mind of the judge advocate general, Jeff Blackett, who was in charge of the latest proceedings when he asked the board of officers hearing the case if they had been "subject to outside pressure, especially the chain of command" in the runup to the trial. They said they had not.The idea that hidden forces are at work could have been in the mind of the judge advocate general, Jeff Blackett, who was in charge of the latest proceedings when he asked the board of officers hearing the case if they had been "subject to outside pressure, especially the chain of command" in the runup to the trial. They said they had not.
During the trial Nightingale insisted that his confession was a false one and claimed his (now former) friend, N, must have put the weapon and ammunition in his room.During the trial Nightingale insisted that his confession was a false one and claimed his (now former) friend, N, must have put the weapon and ammunition in his room.
Nightingale's legal team pointed out that the batch of Glocks that both the pistols found at the pair's digs were both sent out to Iraq from their factory in Austria in 2003. N was there at that time but Nightingale did not go out until 2007.Nightingale's legal team pointed out that the batch of Glocks that both the pistols found at the pair's digs were both sent out to Iraq from their factory in Austria in 2003. N was there at that time but Nightingale did not go out until 2007.
They said N had good reason to try to shift the blame for the second pistol, arguing he would have almost certainly faced five years behind bars if he had been caught with a "collection" of weapons.They said N had good reason to try to shift the blame for the second pistol, arguing he would have almost certainly faced five years behind bars if he had been caught with a "collection" of weapons.
The hearing has been tense and sometimes bitter. It is not only Nightingale's reputation that has been tarnished. The SAS has hated having the spotlight shone on its workings. The army and Ministry of Defence has been bruised by accusations that it has pursued Nightingale out of malice.The hearing has been tense and sometimes bitter. It is not only Nightingale's reputation that has been tarnished. The SAS has hated having the spotlight shone on its workings. The army and Ministry of Defence has been bruised by accusations that it has pursued Nightingale out of malice.
McKay argued that the whole military court system had been brought into disrepute. "There is no public interest in prosecuting Danny Nightingale. It's deeply worrying."McKay argued that the whole military court system had been brought into disrepute. "There is no public interest in prosecuting Danny Nightingale. It's deeply worrying."
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