Just to clarify, Courts Martial are no longer heard 'by any old officer'. The procedure has been massively overhauled; the Judge Advocate is the chap (or chapette) with the power and the authority. Furthermore CMs are now conducted at regional centres to ensure that they are run iaw the RP and Officers and Warrant Officers are effectively the jury.
However, Bale received summary justice which - in the circumstances described - is also lawful. This wasn't a 'behind the Drill Shed' shoeing - if so, he would have grounds to appeal the judgement, and he has not.
If ex-LCpl Bale had been in a fight with a civilian or once he had left as a civilian, the matter would have been dealt with by a Magistrate and he may have had a conviction, resulting in the same UKBA outcome. Just because he did 12 years in uniform is, unfortunately, irrelevant. Moreover he has had 7 years to apply to be naturalised.
Moreover, the right to remain through marriage is not explored - is this no longer a valid reason?
Last edited by Whenurhappy; 26th Jul 2012 at 07:16.
Reason: for clarity