I have spent a lifetime negotiating one thing or another. Not one with an enemy. And not once offer up my final position aspirations first. Would be easier if that's how deals are done. They aren't. That's that. So govt need to be able to prepare positions in confidence. And sharing with SNP or labour certainly won't mean in confidence!!
Although I have no idea what that has to do with the release of a guy who put his life at risk for the people of Iraq and other countries
Big Als legal team announced at 16.00 today that his bail hearing will be heard by the LCJ in the Royal Courts at 14.00 on Friday. His legal team that have wirked tirelessly to get his case reviewed are hopeful that he will be released on appeal. Hopefully there will be a 'show of strength' outside the courts in support of Al.
So it appears that the court martial was incorrect when it refused to consider a lesser charge of manslaughter. Hopefully the LCJ will release Al on bail whilst he awaits a retrial.
As matters stand, the conviction and sentence are still in place. Leave has been granted to bring an appeal to the Court Martial Appeal Court (for the second time). That is as far as the case has got. There is no basis for this bizarre assertion that "the court martial was incorrect". That remains to be seen.
Incidentally, this is the thread on this topic: http://ducatiforum.co.uk/threads/so-this-marine-convicted-then.16293/ Merge threads. @El Toro ?
So if theres no basis for this bizarre assertion why have the legal team been given the right to apply for it and to ask for bail? According to his legal team the CCRB has trawled through 60+ boxes of documents surely theres a reason for this appeal?
Just because somebody is given the right to apply for something does not mean that they will be granted it. B was convicted of murder and sentenced to life imprisonment, which he is now serving. His 2013 appeal to the Court Martial Appeal Court resulted only in a reduction of tariff from 10 to 8 years. Following further consideration, the Criminal Cases Review Commission recently took the view that there was a basis for making a fresh application to the CMAC for leave to appeal. Apparently the application for leave to appeal was granted, which means a fresh CMAC appeal hearing is now pending. This does not mean that B's 2016 appeal has succeeded, or will succeed; it might equally well be dismissed. And even if this appeal is allowed, it might result in the case being remitted for retrial by the Court Martial - which might result in a fresh murder conviction, or an acquittal, or perhaps a conviction on lesser charges. As for bail, anybody in custody can apply for bail at any time, before or after conviction. High Court judges and above have the power to order any prisoner released on bail. Convicted murderers are rarely allowed bail, very rarely indeed, and only under the most exceptional circumstances. If an application for bail has been made it will of course be considered, but that does not mean it will be allowed. Actually I would be very surprised if bail is granted to B this week.
When you say 'B' I assume you mean Al Blackman or as the media call him Mne A? I bet the Lord Chief Justice is happy to be working on a Friday afternoon when any old doddery high court judge could have done it.
I think, although I may be wrong Al was still conducting live firing exercises after he was charged and awaiting for his court martial, surely if he was that much of a threat he wouldn't have been allowed anywhere near a weapon so why would he not be allowed bail now?
In the military system, an accused person who has not yet been tried or convicted may be remanded in custody or released on bail, much as in the civilian system (there are technical differences). Allowing an unconvicted person bail pending trial is a very different matter from allowing a convicted prisoner bail. Given that soldiers are in any event under orders, supervised, and restricted as to where they can go, an accused soldier is more likely to be allowed bail pending Court Martial trial than an equivalent civilian. All serving members of the armed forces are allowed and expected to use firearms, including those serving sentences of detention at MCTC Colchester. A soldier who cannot be "allowed anywhere near a weapon" is useless and would have to be discharged anyway.
