The thing is, that the comments from "senior military personnel" could easily be seen as prejudicial and could get this case lobbed out no matter what the merits. Smart lawyers don't try and win in court, they try and get the case made null and void before hand.
Do the Army not send senior officers on "shut the hell up when the press are about" courses?
You may think it is black and white, but I promise you that when lawyers get involved a whole new colour chart gets pulled out.
I wonder how Sir Richard Dannat gets away with some of his comments. They offer far more aid and comfort to the enemy by making it clear how bad things are than someone who has let slip that civillians have been killed in armed conflict.