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Court-Martial – Courts-Martial Appeal Court. The Court Martial Appeal Court held that it had no jurisdiction to hear an application for leave to appeal against an order lifting restrictions on the reporting of the name of a Marine convicted of the murder of an Afghan insurgent, together with the names of other Marines who were acquitted. Accordingly, that application would be considered as an application for judicial review by the Court sitting as a Divisional Court of the Queen's Bench Division. It further held that there was no basis for assailing the findings that had been made by the Judge Advocate General in relation to the release to the media of a video and various images. The Divisional Court, in considering the application for judicial review, held that the identity of Marine A, who had been convicted of murder, had to be made public. The public interest in open justice was the same in relation to Marines B and C, who had been acquitted. As to Marines D and E, against whom proceedings had been discontinued, the matter would be remitted for consideration by the judge.
Court-Martial – Courts-Martial Appeal Court. The Court Martial Appeal Court held that it had no jurisdiction to hear an application for leave to appeal against an order lifting restrictions on the reporting of the name of a Marine convicted of the murder of an Afghan insurgent, together with the names of other Marines who were acquitted. Accordingly, that application would be considered as an application for judicial review by the Court sitting as a Divisional Court of the Queen's Bench Division. It further held that there was no basis for assailing the findings that had been made by the Judge Advocate General in relation to the release to the media of a video and various images. The Divisional Court, in considering the application for judicial review, held that the identity of Marine A, who had been convicted of murder, had to be made public. The public interest in open justice was the same in relation to Marines B and C, who had been acquitted. As to Marines D and E, against whom proceedings had been discontinued, the matter would be remitted for consideration by the judge.
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