Courts Martial

[Maverick69]

I'm doing some research into courts martial, and wondered whether anyone knew of some interesting cases that I should know about!

[Justiciar]

Courts Martials are not generally reported in the law reports unless they reach the Courts Martial Appeals Court. There have been one or two interesting cases over the last few years, including some which went to the European Court of Human Rights. These were mainly on the basis that the courts Martial system did not represent an independant and impartial tribunal because of the way the members of the Court were appointed. Since then I believe the system has changed significantly.

They are public courts, so you a free to sit in if you wish.

Contact Gilbert Blades, who is one of the countries leading advocates before Courts Martial. This is a link to his profile on his firm's web site:

http://www.wilkinchapman.com/html/personnel.asp?ID=3

The system is 'run' by the Judge Advocate General, who is the independant legal president of the Court and who makes rulings on points of law. I haven't been able to find a web site: Most search results bring up references to the US army Judge Advocate, who is a prosecutor and quite different.

[Windle Poons]

I would suggest looking at some of the WW1 Court Martials. In the last few years they have become news once again with the memorial statue to soldiers shot at dawn, and the attempt to pardon some of them, due to the nature of the war, and current knowledge about shell shock and PTSD.

Probably one of the most famous cases was that of Pte Herbert Burden. He was 17, having lied about his age to join the army, when he was sentenced to death and subsequently shot for desertion. During the Ypres campaign his battalion was fighting at Bellwarde Ridge when they were decimated by a very strong German force. One of the very few survivors Burden wandered from the battlefield. It is believed he went to another unit to see a friend, but I don't think this was ever confirmed. He was not represented at the subsequent court martial and so his case was not put forward.

I'm sure that the Public Records Office or possibly the Imperial War Museum will be able to help with this or other cases. There is a website about many of the WW1 court martials called www.shotatdawn.org.uk (http://www.shotatdawn.org.uk/)
Hope this helps.

WP :ok:

[Scud-U-Like]

Have a look at http://www.aspals.com/, an excellent website for military lawyers, but with much of interest to anyone in the services. Amongst other things, it gives an explanation of UK court martial procedure and contains case reports.

[soddim]

There was an interesting court martial in the early 70s against a Phantom pilot in the RAF who flew for well in excess of the single engine limitations following an engine failure en-route from the far east into Akrotiri.

I believe their lordships tried him for negligently damaging one of her majesty's engines but the case was dismissed when the strip examination showed nil damage.

Gilbert Blades probably defended him.

[Divergent Phugoid!]

(please excuse me for technical inaccuraces, this is how the story was related to me)

Friend of mine used to be posted to Nimrods back in the 70's. He was on maritime patrol at low level photographing a trawler when turbulance unballanced him and he inadvertantly dropped the all singing and dancing camera out of the window...

Subsequently charged with loss of One MOD Camera for the use of... (which window etc I dont know!)

Case went to Courts Martial. The prosecution case was based purely on the loss of the equitpment, to which he pleaded Not Guilty.

The prosecution put their case forward and he was cross examined as to the loss of the camera.

Questioning ensued and the Prosecutor said

Q..."Mr B.. I put it to you that you dropped the camera out of the window and therefore l lost it! "

Mr B replied "Yes I unfortunately dropped it out of the window thats correct, but I didnt lose it!"

Q..."How on earth can you say that you dropped it out of the window but you didnt lose it?? ??

"I had the presence of mind to call man overboard and the exact co ordinates as to the location of the incident were logged along with information as to tidal drift etc... I Subsequently managed to work out exactly where the camers is, but unfortunately Its in 400m of water and I am not a strong swimmer!! How can I be guilty of the loss of the camera when I know exactly where it is??

Case Dismissed!!



:D :D :D

[Pontius Navigator]

Maverick,

You really need to try and close the scope of your enquiry. Do you mean the multiude of nonesensical CMs that involve the men - "Thought he smoked canabis" I have never figured out whom the "thought" occurred to, the accused or someone else.

Then there are the salacious. "I put it to you Mrs X that you were well known the the barman of the airport lounge bar at Teeside airport." Verdict not guilty. It was a cracker.

Or the professional: Did knowingly hazard one of her majesty's aircraft by flying down the instrument approach to 200 feet at approximatelt 349 kts. I loved that one, a precise height and speed. 350 was a different offence!

I can name names!!!!!!

[Scud-U-Like]

Pontius

I can help you with the, "Thought he smoked cannabis" one. There is a law called the Criminal Attempts Act 1981, which makes it an offence to do something that is "more than merely preparatory" to the commission of an offence.

This is so, even if the commission is itself impossible, and even if the acts carried out do not even amount to an offence on the particular facts.

So, for example, if a person attempts to import prohibited drugs into the UK, he is guilty of an offence even if the 'drugs' were, in fact, sugar. Similarly, if a person smokes a substance, believing it to be cannabis, but, in fact, the substance is tobacco, he will be guilty of an offence.

Of course, being stupid isn't a crime, but it helps, if you want to get ensnared by this particular piece of legislation.

[tony draper]

Slightly off topic
I watched the Movie Breaker Morant on the History Channel a few weeks ago, it stirred my interest somewhat, so I did some searching on the web for more detail, quite a bit of information about the case on the web, but as I understand id the original records/ minutes or whatever they call them of the court marshal were lost long ago.so all the court dialogue in the movie was fiction as far as I can see.
To me it seems unbelievable that those two men were shot,and I wondered just how much artistic licence went into that movie,

[Maverick69]

Thanks for all the useful help so far!! Please keep it coming. I'm especially looking for courts martial that have a lot of controversy - I guess the First World War is a gold mine in that respect - but also ones which resulted in a change in the court martial system.

As for Breaker Morant. I'm afraid it is a true story, though quite how much "artistic licence" was involved I am not sure.

I found an amusing case, which unfortunately not quite what I'm after, where an army soldier drank twenty pints, went back to a friend's house, ironed his hamster and then put it in the microwave to 'warm him up a bit'!! The article (from the BBC website) says that 'he was also charged with desertion'!

The research continues.....

[maninblack]

There was character in the Army Medical Service in the mid Eighties (ex Marine, Ex RCMP) who had done a runner and joined the Foreign Legion, had been hoofed out with a dishonourable discharge for being an habitual trouble causer and deported to the UK.

At his CM (charges of desertion and fighting for a foreign power I believe) he was found guilty at which point the CM were shown his French discharge papers which so amused them that he got 28 days and soldier on.

[Pontius Navigator]

Scud u,

I like it.

Maverick,

I suggested you specialised. It looks like your specialisation is for WWI. Try AARSE.Org

[Stalin [Man of Steel]]

Most of the recent legally, as opposed to factually interesting stuff pertains to the ECHR. This has become more relevant post the Human Rights Act, as persons can now rely upon the ECHR within the English legal system. There was initially panic that the Act would turn the forces into some sort of tree-hugging hippy commune, but this has proven unfounded. The ECHR contains some pretty hefty 'clawback clauses' that limit the application of rights within certain organisations.

[DICK DOLEMAN]

The longest and most expensive Court Martial in Service history concluded in Helensburgh last year. The proceedings were widely reported in the ATC forum under the topics 'F15 court martial' and 'F15 court martial updates'. The accused was found not guilty on all charges. He was represented by the awesome Mike Jones QC who flew the F4 in his previous career.

[European Crash]

An interesting film that should not be confused with the facts! Yes he, (Jack Thompson in the film) and a colleague were shot, but the film delicately skipped over their behaviour in South Africa. Even by the standards of the day they pushed the limits - using civilians as shields, shooting prisoners etc etc. I'm sure that there are web-sites in Australia full of mythology about Mr Morant; contemporary accounts are less than flatering.

[tony draper]

True EC any quick google will show that The Breaker has become something of a Australian folk hero, I suppose the case was instrumental in the Australian Government forbidding the British military authorities shooting Australians during the first world war, which apparently peeved them quite a lot.
I do like some of the words he penned supposedly the night before his execution
.

If you encounter any Boers
You really must not loot ‘em,
And, if you wish to leave these shores,
For pity's sake, don't shoot ‘em.

[CoodaShooda]

Drapes

I read a book a couple of years ago about the third trooper who faced the court martial with Morant. He was sentenced to prison in England and eventually released on appeal.

From family papers and recollections it appears he was in no doubt that Morant and his mate had shot the German missionary
and the trial and sentence were the means of placating the German Government.

This was why the formal process appeared trumped up and, as he was not implicated in shooting the missionary with the other two, he received a lighter sentence.

Unfortunately I don't recall the name of either the book or the trooper but a google legend such as your good self should have no problem finding it.

[day1-week1]

A good insight can be gained from Blackadder, series four (the pigeon episode)

"March in the guilty Bast*rd!

[Impiger]

Sodim,

Also heard your story years ago. Understand the defence went along the lines of:

'Have you ever made this journey on one engine before?'

'Yes lots of times and all quite successfully and nobody complained let alone court martialed me'

He was of course flying Hunters before so a one-engined F4 was no worry!:ok:

[yachtpilot]

Back ( I think) in the '60's a fast jet was flown under one or more of the London briges... certainly beneath Tower Bridge...Does anyone know if the chap was Court Martialled...I know that he was discipllined...also that RAF recruitment rose dramatically in the months following :)....but was he CM'd... ?

[yachtpilot]

Thank you Mike....I remember seeing a superb painting of the event some years ago...
Amazing that the spirit of adventure that saved the country in 1940 should be so damned in peacetime...

Allan Pollock... wherever you are today...WELL DONE..