SAS sniper’s lawyers to challenge pistol retrial

Sergeant Danny Nightingale was originally sentenced to 18 months’ military detention after pleading guilty to illegally possessing a Glock 9mm pistol and 300 rounds of ammunition.

He was released after appealing against his sentence, and last month the Court of Appeal also quashed his conviction, saying a fresh court martial should be held.

Appeal judges ruled the judge at Nightingale’s court martial in November had given an “uninvited sentence indication” and “improperly narrowed” the soldier’s “freedom of choice” to enter a plea.

Nightingale, 38, from Crewe, Cheshire, is due to appear at a preparatory hearing at the Military Court Centre in Bulford, Wiltshire, on 1 May, where his lawyers will challenge whether it is in the public interest to continue the prosecution.

Lawyer Simon McKay said: “We will identify three or four quite important legal issues which will need to be heard, including whether it is in the public interest to continue the prosecution.”

Nightingale will plead not guilty at his retrial, and Mr McKay said the defence team will argue that a brain injury affecting his memory is a critical element in the case.

Mr McKay said it could be some time before a retrial was held, as some legal discussions could go to the Court of Appeal and even the Supreme Court.

He added: “We know Danny and we know precisely what  impact the brain injury has had on him. Danny is a fighter, he belongs to one of the finest regiments in the world.”