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| Marine loses appeal against murder conviction | Marine loses appeal against murder conviction |
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| A Royal Marine found guilty of murdering a badly injured Taliban insurgent has lost his fight to clear his name. | A Royal Marine found guilty of murdering a badly injured Taliban insurgent has lost his fight to clear his name. |
| Sergeant Alexander Blackman, who is serving a life sentence in a civilian jail, asked three of the country's most senior judges to overturn what he claimed was an unsafe conviction. | Sergeant Alexander Blackman, who is serving a life sentence in a civilian jail, asked three of the country's most senior judges to overturn what he claimed was an unsafe conviction. |
| But sitting at a court martial appeal court in London, the lord chief justice, Lord Thomas, Sir Brian Leveson and Lady Justice Hallett rejected his appeal on Thursday. | But sitting at a court martial appeal court in London, the lord chief justice, Lord Thomas, Sir Brian Leveson and Lady Justice Hallett rejected his appeal on Thursday. |
| The judges reduced the length of time he must serve in jail before being considered for parole from 10 years to eight. | |
| Blackman's team had argued the conviction was not safe because it was possible that the seven-strong court martial board had found him guilty by a simple majority. Typically in a crown court case, a majority verdict must have the agreement of 10 or 11 out of 12 jurors. | Blackman's team had argued the conviction was not safe because it was possible that the seven-strong court martial board had found him guilty by a simple majority. Typically in a crown court case, a majority verdict must have the agreement of 10 or 11 out of 12 jurors. |
| His lawyers also claimed that the 10-year minimum sentence was "manifestly excessive". | His lawyers also claimed that the 10-year minimum sentence was "manifestly excessive". |
| Blackman was found guilty in November of murdering an Afghan man in Helmand in 2011 by firing a pistol into his chest as the man lay helpless after being wounded by helicopter fire. | Blackman was found guilty in November of murdering an Afghan man in Helmand in 2011 by firing a pistol into his chest as the man lay helpless after being wounded by helicopter fire. |
| The incident was recorded by chance by a head camera worn by another of the marines on his patrol. Blackman was seen telling his victim: "Shuffle off this mortal coil, you cunt. It's nothing you wouldn't do to us." | The incident was recorded by chance by a head camera worn by another of the marines on his patrol. Blackman was seen telling his victim: "Shuffle off this mortal coil, you cunt. It's nothing you wouldn't do to us." |
| During his court martial in Wiltshire, Blackman said he had believed that the man was already dead when he opened fire, and he had fired in frustration towards the end of a hard tour during which close colleagues had been killed. | During his court martial in Wiltshire, Blackman said he had believed that the man was already dead when he opened fire, and he had fired in frustration towards the end of a hard tour during which close colleagues had been killed. |
| But the board that heard the case dismissed his defence, and in December it jailed him for life in a civilian prison and ordered that he be dismissed from the armed forces. | But the board that heard the case dismissed his defence, and in December it jailed him for life in a civilian prison and ordered that he be dismissed from the armed forces. |
| The judge advocate general, Jeff Blackett, said Blackman had to be dealt with severely to show the international community that battlefield crimes committed by UK troops would not be tolerated. | The judge advocate general, Jeff Blackett, said Blackman had to be dealt with severely to show the international community that battlefield crimes committed by UK troops would not be tolerated. |
| As soon as he was sentenced, Blackman's lawyers made it clear that he would appeal. His wife, Claire Warner-Blackman, said his sentence was too severe, and she highlighted the mental tension he had been under during the tour. She said he had opened fire in a moment of madness. | As soon as he was sentenced, Blackman's lawyers made it clear that he would appeal. His wife, Claire Warner-Blackman, said his sentence was too severe, and she highlighted the mental tension he had been under during the tour. She said he had opened fire in a moment of madness. |
| Since then, she has continued to argue that he is no risk to society and should be released. In an interview last month, she said: "It's very obvious he is in the wrong place. There's an awful lot of politics, international politics, tied up with this case, and I absolutely understand that, but for me, at the end of the day, this is about one man and his life, and for something not to happen because of politics just seems wrong. Bottom line, Al is no risk to society." | Since then, she has continued to argue that he is no risk to society and should be released. In an interview last month, she said: "It's very obvious he is in the wrong place. There's an awful lot of politics, international politics, tied up with this case, and I absolutely understand that, but for me, at the end of the day, this is about one man and his life, and for something not to happen because of politics just seems wrong. Bottom line, Al is no risk to society." |
| Tens of thousands of people have signed petitions or joined social media campaigns supporting Blackman. Privately in military circles, there is unease and anger about the length of sentence and there is huge sympathy for him and his family. | Tens of thousands of people have signed petitions or joined social media campaigns supporting Blackman. Privately in military circles, there is unease and anger about the length of sentence and there is huge sympathy for him and his family. |
| At an earlier hearing, Blackman's QC, Anthony Berry, said: "The appellant submits that the possibility that he was convicted by a simple majority renders his conviction inherently unsafe … By virtue of the possibility that he was convicted by a simple majority of a seven-man board, there remains doubt as to whether the prosecution in fact satisfied the criminal standard of proof." | |
| Berry claimed voting requirements in crown court proceedings constituted important procedural safeguards that were unfairly denied to those subject to the court martial process. | Berry claimed voting requirements in crown court proceedings constituted important procedural safeguards that were unfairly denied to those subject to the court martial process. |
| On the length of sentence, Berry told the judges the incident happened "in a moment of madness". There was a "cocktail of circumstances which led this brave and modest man, to whom loyal duty and allegiance to the corps was second to nothing, briefly to lose his head". | On the length of sentence, Berry told the judges the incident happened "in a moment of madness". There was a "cocktail of circumstances which led this brave and modest man, to whom loyal duty and allegiance to the corps was second to nothing, briefly to lose his head". |
| He added that "despite the fact that this is an extremely unusual case and gives rise to many different reactions from people, including the public", the sentence of 10 years was too long. | He added that "despite the fact that this is an extremely unusual case and gives rise to many different reactions from people, including the public", the sentence of 10 years was too long. |
| Philip Havers QC, making submissions on behalf of the defence secretary, Philip Hammond, submitted that the challenge was misconceived. He said court martial proceedings had recently been investigated and judged fair. | Philip Havers QC, making submissions on behalf of the defence secretary, Philip Hammond, submitted that the challenge was misconceived. He said court martial proceedings had recently been investigated and judged fair. |
| Thomas said the sentencing ought to have given greater weight as mitigating factors to the combat stress from which Blackman was suffering, the way his tour of duty was arranged and other matters personally affecting him. | |
| "On all the evidence before us, it is clear that in the events surrounding the murder of the insurgent, the appellant acted entirely out of character and was suffering from combat stress disorder," he said. | |
| "It is very unfortunate that the only medical evidence before the court martial and before us was obtained over two years after the murder. We have accorded particular attention to the view of the court martial that thousands of other service personnel experienced the same or similar stresses and still acted properly and humanely. However, in assessing the evidence of stress and its effect on the appellant, we attach particular importance to the evidence in relation to the remoteness of the command post at which the appellant had been stationed for five and a half months and the limited contact with those commanding him. | |
| "His mental welfare had not been assessed in the way in which it would ordinarily be assessed by a commanding officer and there is evidence that he was becoming somewhat paranoiac about the Taliban's 'gunning' for him." | |
| An MoD spokesman said: "We respect the authority and decision of the appeal court, and it would be inappropriate for us to comment on the sentence." |