5 December 2013
Lord Chief Justice of England & Wales
Mr Justice Tugendhat
Mr Justice Holroyde
Marines A, B, C, D & E
(1) Application by the Defendants to Appeal the Ruling Lifting an earlier Anonymity Order
(2) Application by the Media to Appeal Rulings Refusing:
(i) To release copies of video recording
(ii) To release copies of still photographs
The Court has reached a decision on both appeals for reasons that it will give as soon as practicable. However, in the light of the fact that Marine A is to be sentenced on Friday, 6 December, it provides its decision now.
In the Court Martial Appeal Court
The appeal by the media parties in respect of video clips and stills is dismissed. In respect of stills in category 2, other than stills 11, 12, 13 and 37, the Court cannot see any objection to the publication of these stills, but, as no decision appears to have been reached by the Judge Advocate General, if any party so wishes, the decision on those stills will have to be made by the Judge Advocate General.
The Court Martial Appeal Court has no jurisdiction under the Rules to hear the appeal of Marines A-E in respect of anonymity.
In the Divisional Court of the Queen’s Bench Division
The Court unanimously agrees to treat the applications for permission to appeal against the anonymity order by Marines A-E as an application for judicial review of the decision of the Judge Advocate General.
The Court unanimously refuses permission to Marine A to bring judicial review of the decision of the Judge Advocate General.
The Court unanimously grants permission to Marines D and E to bring proceedings for judicial review and quashes the decision of the Judge Advocate General on the basis that Marines D and E did not have the opportunity of putting their case to the Judge Advocate General.
The Court unanimously grants Marines B and C permission to bring proceedings for judicial review but by a majority dismisses that application.