Marine fighting murder conviction must spend anniversary in jail
A ROYAL Marine who is challenging his conviction for murdering a Taliban captive will spend his seventh wedding anniversary in prison, after two judges postponed his bail hearing until next week.
Alexander Blackman, whose legal battle hinges on new evidence about his mental health at the time, must wait until Wednesday to hear whether he will be granted bail.
The former sergeant has spent three years at HMP Erlestoke in Wiltshire, and will be apart from his wife, Claire, for the couple’s wedding anniversary on Monday. She has said that his release, which could come as soon as Wednesday afternoon, “would be the best Christmas ever”.
Blackman is seeking bail after the body that investigates potential miscarriages of justice ruled that there was a “real possibility” that his conviction may be quashed, after new psychiatric evidence emerged suggesting that he was suffering from combat stress when he shot the insurgent at point-blank range, in 2011.
But two judges at the Court Martial Appeal Court adjourned the case until next week, complaining that the Criminal Cases Review Commission ( CCRC) had sent through papers relating to the appeal only on Thursday afternoon.
Lord Thomas, the most senior judge in England and Wales, imposed restrictions preventing journalists from reporting the legal arguments.
In a short ruling, the Lord Chief Justice said the delay would give prosecu- tors the chance to decide whether they would challenge the new psychiatric evidence.
Lord Thomas said: “The issues referred by the CCRC all in essence appear to turn on the mental state of the appellant at various material times including, in particular, at the time of the shooting.”
He said David Perry QC, for the Crown, “has helpfully indicated to the court that he will be in a position by next week to make clear the stance that the Crown is going to take about the evidence in relation to the appellant’s mental state”.
He added: “As that decision is central to the way in which the appeal will be heard and the timescale within which it can be heard, including the probability of hearing it within weeks, the court considers that the interests of justice are best served by adjourning this application until next week.
“When the court receives the Crown’s indication of its stance, it will then determine the issue of bail and give further directions.”