Remember this was a MILITARY court, no jury and not necessarily subject to the normal checks and balances, not even a decision by the CPS. I suspect that had it been a civilian court the outcome would have been much different, but I believe the military do apply the letter of the law, and, although there were mitigating circumstances, they do seem not to have been applied. At least the appeal will be heard by the Lord Chief Justice and not the military. Reading further down the article, it also appears that members of the SAS have got it in for him, having launched a smear campaign against him accusing him of things that have been disproved. In a case dealt with by a civilian court a soldier who had 2 pistols and had stolen ammunition was given a fine only, because of his service to the country.

Doesn't matter that its a military court, its still a miscarriage of justice.

I agree, all I was saying that, had it been a civilian court, then the outcome almost certainly would have been different, and possibly, given his medical history etc, there would never have been a prosecution in the first place. The CPS have to decide whether they think a prosecution would have a good chance of success, and, given the circumstances, they may have decided a prosecution as 'not in the public interest'.

More to this than meet's the eye,somebody def has it in for the fella,normally Special Forces close ranks and things 'disappear'.

I agree, reading the article he was accused of appropriating items and money from a charity, there was an inquiry and he was cleared, there was an e mail smear campaign against him by some SAS members. Very unusual given how loyal they usually are to each other.

SAS Sergeant Danny Nightingale was dramatically freed today after winning an appeal against a conviction for his illegal possession of Glock 9mm war trophy.
Three judges suspended his sentence after a special hearing in the Court Martial Appeal Court today. The sniper's wife, Sally, who had said her husband didn't want "to get his hopes up", wept as the judges said he would be released immediately. After he walked free from the cells at the Royal Courts of Justice tonight, he hugged his wife and father in the main hall of the building as he wiped away tears.

Sgt Nightingale was sentenced to 18 months detention at the Colchester Military Corrective Training Centre after he pleaded guilty to possessing a pistol, given to him by Iraqi soldiers, and live ammunition, earlier this month.
But the Appeal judges, the Lord Chief Justice, Lord Judge, Mr Justice Fulford and Mr Justice Bean, cut his sentence from 18 months to 12 months and suspended.

I think that shows that the civilian system works far better, although it was a Court Martial Appeal Court it was held in a civilian court with civilian judges. At least it now seems like justice HAS been done

Bugger me... Some one delete my thread will yer?

An SAS sniper who was jailed for possessing a gun has had his conviction overturned at the Court of Appeal.

Sgt Danny Nightingale, from Crewe, admitted possessing a 9mm Glock pistol and 338 rounds of ammunition at a court martial in November.
He was sentenced to 18 months military detention which was reduced to a 12-month suspended sentence on appeal. Sgt Nightingale, who said he was given the gun as a present while serving in Iraq, will now face a retrial.

The Lord Chief Justice, Lord Judge, Mr Justice Mackay and Mr Justice Sweeney were told by William Clegg QC, acting for Sgt Nightingale, that the soldier had been placed under "improper pressure" to plead guilty at the military trial.