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Memory Loss

SAS war hero jailed after 'betrayal' - Telegraph

Sgt Danny Nightingale, a special forces sniper who served in Iraq and Afghanistan, was sentenced to 18 months in military detention by a court martial last week.
Sgt Nightingale had planned to fight the charge of illegally possessing the 9mm Glock.
But his lawyer said he pleaded guilty after being warned that he could otherwise face a five-year sentence.
The soldier had hoped for leniency given the circumstances. At the court martial, even the prosecution described him as a serviceman of exemplary character, who had served his country for 17 years, 11 in the special forces.
The court was told that he returned to Britain in a hurry after two friends were killed in Iraq, leaving his equipment — including the pistol — to be packed up by colleagues.
It accepted evidence from expert witnesses that he suffered severe memory loss due to a brain injury.
Judge Advocate Alistair McGrigor, presiding over the court martial, could have spared the soldier prison by passing a suspended sentence. Instead he handed down the custodial term.

...n November 2007, two of Sgt Nightingale’s closest friends, Sgt John
Battersby and Cpl Lee Fitzsimmons, were killed in a helicopter crash. He accompanied both bodies back to Britain and helped arrange the funerals.
In Iraq, his equipment was packed by colleagues, one of whom placed the pistol inside a container that was sent first to the SAS regimental headquarters in Hereford, then to his home where it remained unopened until 2010.In May, 2010, Sgt Nightingale was living in a house with another soldier close to the regiment’s headquarters when he was posted to Afghanistan at short notice.
During the tour, his housemate’s estranged wife claimed her husband had assaulted her and kept a stash of ammunition in the house. West Mercia Police raided the house and found the Glock, still in its container.
Sgt Nightingale’s court martial did not dispute that the pistol had been a gift. It accepted statements from expert witnesses, including Dr Susan Young, a forensic psychologist also from King’s College, London. She said that he probably had no recollection that he had the gun.
The court also accepted that Sgt Nightingale had suffered severe memory loss. But the judge did not believe that he had no recollection of being in possession of the weapon.

Thank goodness we have people such as Judge Advocate Alistair McGrigor to keep us safe in our beds at home.

Comments

The Judge in this case should be pilloried. He's a disgrace, probably an anti-military leftie ...

I agree the sentence seems excessive under the circumstances. But at least it was military detention he was sentenced to, which does not count as a prison sentence or mean he will have a criminal record.

And a point I failed to note in my previous comment, if the Judge Advocate *had* given him a suspended sentence that would have given Sgt Nightingale a criminal record.

Anyway my bet is that the reviewing officer will reduce the sentence.

Considering there was every reason to have reasonable doubt that the man knew it was there, no one had been threatened or harmed - even in the planning stages - that the man in question does not seem to have a record of being anything but a decent soldier and citizen.

The sentence does seem a little harsh for a non mala en se "crime".

And to think within recent memory British citizens could have bought, carried and wielded such a weapon quite openly, at their own discretion.

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