Identity of soldier guilty of murder should be kept secret, court hears

Some media organisations have argued the Royal Marine sergeant ought to be named in the interests of open justice

The unique and historic nature of the conviction of a British marine who was found guilty of murdering an injured Afghan prisoner means his identity should continue to be kept secret, an appeal court was told on Wednesday.

Lawyers for the man, who can still be only named as Marine A, claimed that he and his family would be in danger of reprisals from Islamist terrorists if he was identified.

Some media organisations, including the Guardian, have argued that the Royal Marine sergeant – and other members of the patrol who were with him at the time of the killing – ought to be named in the interests of open justice.

But at a hearing before the court martial appeal court in London, A’s barrister, Hugh Tomlinson QC, claimed: “This is a unique case. It is the first conviction of a British service person in a combat context for 60 years. It’s the first in the context of the Islamist terrorist threat.”

Tomlinson accepted that open justice was of “great importance” but he said the attention of terrorists would be “uniquely attracted” to Marine A and his family.

Marine A was convicted of murder earlier this month after a court martial in Wiltshire. The board hearing the case was shown a video of the moment when he shot a suspected insurgent dead. After discharging his pistol into the helpless man’s chest, Marine A told him: “There you are, shuffle off this mortal coil, you cunt. It’s nothing you wouldn’t do to us.” Moments later, he said to colleagues: “Obviously this doesn’t go anywhere fellas. I’ve just broken the Geneva Convention.”

Throughout the trial Marine A, together with two other servicemen, Marines B and C, who were cleared of murder, were given anonymity after the court ruled they could be targeted by terrorist groups and “lone wolves” if they were named.

But just before the end of the case, the judge advocate general, Jeff Blackett, decided that all the marines who were on the patrol should be identified because he no longer accepted the argument that there was “real and immediate risk” to their lives.

However he gave them the option of taking their case to the courts martial appeal court. All three marines who faced trial – plus two others, D and E who were charged but had the case against them discontinued – are fighting to retain anonymity.

Clare Kissin, for the media, argued the uniqueness of the case added to the argument that it should be fully reported – which included naming the men involved. “This is a case of unusual interest and importance,” she said.

“We are not trying to make matters worse for British forces. The media is sensitive to the political situation and the complexities of the ongoing war on terror.”

Kissin, who was representing the Guardian, Associated Newspapers, News Group, the Independent and BSkyB, also argued that the video of the murder – recorded …read more