Sgt Alexander Blackman (Marine A)

Bob Stewart Excerpts

Wednesday 16th September 2015 Westminster Hall

[Richard Drax (South Dorset) (Con)]

I beg to move,

That this House has considered the case of Sgt Alexander Blackman (Marine A).

It is a pleasure to serve under your chairmanship for what I believe is the first time, Mr Pritchard. Before I start, I welcome my hon. Friends the Members for Eastleigh (Mims Davies), for Taunton Deane (Rebecca Pow), for Plymouth, Moor View (Johnny Mercer), for Wells (James Heappey), and for Elmet and Rothwell (Alec Shelbrooke), along with our colleague, the hon. Member for Strangford (Jim Shannon). I thank them for coming to this debate. I also welcome Sergeant Blackman’s family, friends and relations, and the four members of the Royal Marines who are also here to listen.

We shall be debating an incident that took place thousands of miles away in one of the most hostile environments on earth; in fact, it is so hostile that 454 of our finest servicemen and woman have been killed there, and thousands more wounded. Lance Corporal Cassidy Little is one of those wounded men. He served with Sergeant Blackman during the fateful tour and is present today to support the debate. On behalf of us all, I thank him and his colleagues for their bravery, courage and devotion.

In Afghanistan, the enemy were clever, motivated, difficult to identify, ruthless and cruel. Torture and death faced those who fell into their hands. It was into this hellhole that Alexander Blackman and his fellow Royal Marines from 42 Commando were pitched in 2011. Sergeant Blackman was a 15-year veteran of six operational tours: one in Northern Ireland and three in Iraq, and he was on his second in Afghanistan. There is nothing that this former Royal Marine has not seen. In each tour he had served his country and his corps with great distinction and courage. He was that most valued member of the Royal Marines, the elite’s elite—a senior non-commissioned officer—and he had been recommended for promotion, but then came his last tour in Helmand province, the toughest of his military career.

Sergeant Blackman was posted to the remote command post Omar, with 15 younger Royal Marines under his command. They lived for more than six months in a small mud enclosure, in appalling conditions of physical discomfort. Daily, they patrolled on foot for up to 10 hours in a large hostile area where the Taliban were most active. IEDs, or improvised explosive devices, the roadside landmines favoured by the Taliban, were a constant threat, to the extent that the squad seldom used their vulnerable Jackal vehicle, preferring to patrol on foot instead. They were aware that hundreds of their comrades had already been killed or maimed by IEDs. The psychological impact was devastating. Firefights with the Taliban were common. So, too, were deaths and life-threatening injuries. Overall, 42 Commando lost seven men, and a further 45 were injured, many of them very seriously indeed.

On 28 May 2011, several Marines from Sergeant Blackman’s troop were tasked with establishing a new base in an area known as the badlands. During the operation, Corporal Little was caught in the same blast that killed Sergeant Blackman’s troop commander, Lieutenant Ollie Augustin, and Marine Sam Alexander, who had won a Military Cross on a previous tour. The blast also badly wounded Lance Corporal JJ Chalmers. Later that day, the Royal Marines discovered body parts hanging mockingly in a tree. We can all imagine the effect of such an incident on hard-pressed, very young troops.

While holding it together in such atrocious conditions, Sergeant Blackman’s frequent complaints to headquarters about the impossibility of performing his assigned tasks with such a small number of men for a period far longer than the recommended tour of duty went unanswered. He had one sole visit from his commanding officer, which shows how stretched 42 Commando was. For month after month, the huge weight of responsibility bore down on him as he tried to maintain morale, but a combination of factors were taking their toll.

[Bob Stewart (Beckenham) (Con)]

When my hon. Friend says six months, does that mean Sergeant Blackman had no R and R?

[Richard Drax]

I welcome my gallant colleague to the debate. He did have two weeks for R and R.

Those factors taking their toll included: the inadequacy of the accommodation, equipment and supplies; Sergeant Blackman’s inability to sleep; the almost total lack of supervision; the general isolation; the recent death of his father; the ever-present fear of death or injury; exhaustion; and the strain of keeping the young men under his command alive, in itself an awesome responsibility.

On 15 September 2011, towards the end of their fraught tour, Sergeant Blackman and his patrol were directed to an insurgent who had been fatally wounded by gunfire from an Apache helicopter. Horribly exposed in a known hotspot for enemy activity, they knew that other insurgents were in the area. They dragged the fatally wounded man to cover. That Sergeant Blackman then shot him is beyond doubt: the incident was filmed by a head camera worn by one of the Marines on patrol. I have seen all the footage. What he did was unequivocal. He appeared calm and matter of fact—points made by Judge Advocate General Blackett in sentencing. However, no camera on earth can capture all the circumstances leading to that one momentary loss of control, or what was going on in Sergeant Blackman’s mind at the time.

Except for Corporal Little and his colleagues, none of us here has endured anything remotely approaching what those Royal Marines experienced, and, God willing, we never will. Although both the court martial and the Court of Appeal said that they took into account mitigating circumstances with regard to the sentence, Jonathan Goldberg, QC, who now heads the defence team and is here today, believes that a number of significant mistakes were made. The court was never given the chance to consider the lesser verdict of manslaughter by reason of loss of control owing to the appalling stresses to which Sergeant Blackman was subjected for months on end.

Mr Goldberg advises that, by law, the judge advocate general had a duty to direct the jury on all verdicts reasonably open to them, regardless of whether the prosecution or defence chose to raise them. The verdicts included the ability for a jury to return a verdict of not guilty of murder but guilty of manslaughter. Possible routes to such a manslaughter verdict included: temporary loss of control after months of cumulative stress; diminished responsibility owing to battlefield fatigue and post-traumatic stress disorder; and finally, by reason of an unlawful act, in that Sergeant Blackman admitted desecrating a dead body.

Inexplicably, none of the above possible lesser verdicts were ever raised, either at the court martial or on appeal. The judge advocate general failed to direct the jury panel on those available lesser alternatives, instead imposing the mandatory life sentence for murder, resulting in a good man serving a minimum of eight years in jail without being allowed to seek parole.

On the other hand, a manslaughter verdict on these extraordinary facts could reasonably have resulted in three years in prison at worst and a suspended sentence at best. Sergeant Blackman insists that he was never advised by his then defence team that a manslaughter verdict was even a possibility. Indeed, he knew nothing of the manslaughter option until recently, when his new defence took over. Almost unbelievably in a murder case of such complexity, Sergeant Blackman was never offered a psychiatric assessment prior to his conviction. Moreover, it is bizarre that the Judge Advocate General’s said this in his sentencing remarks after conviction:

“We accept that you were affected by the constant pressure, ever present danger and fear of death or serious injury. This was enhanced by the reduction of available men in your command post so that you had to undertake more patrols yourself and place yourself and your men in danger more often. We also accept the psychiatric evidence presented today that when you killed the insurgent it was likely that you were suffering to some degree from combat stress disorder.”

The psychiatric report he referring to was presented before sentencing and not conviction. In other words, the panel did not know about the report when they found Sergeant Blackman guilty. Why not? What was the defence team up to?

Further evidence that was never heard at Sergeant Blackman’s court martial comes in the form of a 50-odd page document—the Telemeter report. Written by Brigadier Huntley, a few pages of the executive summary were released only this morning, despite frequent requests for the whole report to be published. Apart from criticising Sergeant Blackman, it confirms that there were concerns that the culture within 42 Commando

“was perceived by many…to be overly aggressive.”

The report also states:

“A number of those involved in this incident both directly and indirectly, felt that the Chain of Command had failed to provide them with adequate support before, during and after the court martial.”

[Bob Stewart]

As a former commanding officer, I find it extraordinary that this group of Royal Marines was left in the same position, obviously one of huge danger, for the whole six months. Was the rotation of the men in that position not considered?

[Richard Drax]

That is a good question, and one that my hon. Friend can perhaps ask afterwards of the Royal Marines who were on that tour. As I understand it, they were covering a vast area of land, they were under-resourced and undermanned, and rotation was not possible.

--- Later in debate ---

[Bob Stewart]

Why not?

[Richard Drax]

I do not know. It is perhaps something that the report—the 50 or so pages that we have not seen—may hint at. We call for the report to be published now, so that the new defence team can use it to build up its case. Ultimately, we will have to wait until, as we hope, the Criminal Cases Review Commission takes up the case and demands the release of the report, or the bits of it that we have not seen.

--- Later in debate ---

[Richard Drax]

My hon. Friend makes an interesting point. I cannot expand on that too much now, but we are aware that Colonel Oliver Lee, Royal Marines, had written a report identifying seven criteria that commanding officers should look out for. I also believe that, as far as Colonel Lee was concerned, Sergeant Blackman ticked every box.

From reading what we have of the executive summary of the Telemeter report—what we have got of it—there is strong reason to believe that the full report is critical of the overall command structure, including the lack of supervision over Sergeant Blackman and his men, which would certainly support Sergeant Blackman’s claims. A sergeant in the Royal Marines is probably—I will get myself into trouble here—superior to, shall we say, a line regiment sergeant, in the sense that they are trained to be far more independent. That was one explanation given to me as to why, in this instance, Sergeant Blackman was left out there for as long as he was—because he was a sergeant and highly respected, and so on.

However, what happened in this instance struck me, too, as extremely odd—my hon. and gallant Friend the Member for Beckenham (Bob Stewart) hinted at this earlier on, and I agree with him. We are both former soldiers, and it was our duty as officers to visit our men and make quite certain that they were safe and well and doing the job that they should be doing, because that was our task. If we did not do that, things began to unravel. Maybe that was one of the reasons why things unravelled in this particular instance.

Going back to the report—50 pages of which, as I have said, still remain unseen—it is no surprise that the Daily Mail and Frederick Forsyth thunder about a cover-up and attempts to make Sergeant Blackman a scapegoat for a much wider failure of high command. Would the full report have given Sergeant Blackman a better chance in court had it been written and published openly shortly after the events, rather than long after his conviction? Vice-Admiral Jones has reportedly asked both serving and former officers not to comment if the press start asking questions.

Also of great concern is the resignation of Colonel Lee. As I understand it, he was a high-flier who resigned his commission in disgust over how Sergeant Blackman was treated and the refusal to call him in evidence at the court martial. Colonel Lee became Sergeant Blackman’s commanding officer just six days before the incident, although they never met.

[Bob Stewart]

How come the defence counsel did not call the commanding officer to give evidence?

[Richard Drax]

Again, I am regrettably not a trained QC or lawyer—I wish I were. All I understand is that he was not, which can be further explored by the QC, who is actually in the room here today.

When he resigned, Colonel Lee wrote the following, which is one of the most damning indictments that I have found in the 10 or 11 months that I have been involved in this sad case:

“Sgt Blackman’s investigation, court martial and sentencing authority remain unaware to this day of the wider context within which he was being commanded when he acted as he did.”

He went on:

“My attempts to bring proper transparency to this process were denied by the chain of command. Sgt Blackman was therefore sentenced by an authority blind to facts that offered serious mitigation…The cause of this is a failure of moral courage by the chain of command.”

That is a devastating criticism and hardly a ringing endorsement of military justice. Colonel Lee’s evidence will be important if the case is referred to the appeal court by the Criminal Cases Review Commission, which we trust it will be. It must be.

Sergeant Blackman’s conviction in 2013 left a deep impression on me as a former soldier. I visited him in Lincoln prison in December 2014—had I not, I would have gone to my grave with this nagging whatever you like to call it on my conscience and preying on my mind. There I met an intelligent, proud and professional soldier, alongside whom I would have been proud to serve. Several prison guards told me as I left that Sergeant Blackman’s incarceration was hard to comprehend. “He shouldn’t be here”, they said.

As for Sergeant Blackman, understandably he feels betrayed—a scapegoat, hung out to dry by the military and political establishments. He was fighting a war at our behest and on our behalf. He believes that his small patrol was given an impossible mission with little support or command structure. They were undermanned and overstretched, the impossible was demanded and a decent man was pushed beyond endurance. In his words, it was a

“lack of self-control, momentary lapse in…judgement.”

The aim of today’s debate is to highlight a miscarriage of justice. The debate will send an important message to those charged with administering justice to Sergeant Blackman and it mirrors the public outcry. Sergeant Blackman is the first British serviceman to be tried for murder by a court martial since the second world war, and I hope he is the last. War is a dirty, filthy, horrible, frightening business and every man— even the very best —has his breaking point.

I am indebted to the highly respected author Frederick Forsyth for his immense help and his interest in the case; to Jonathan Goldberg QC and his team, who are now representing Sergeant Blackman and are in the Public Gallery today, as I said; to the Daily Mail—which I do not often praise—for running such a well-researched campaign and for going to such incredible lengths to support Sergeant Blackman and his case; to Sir Tim Rice and Major General Johnny Holmes, both highly distinguished in their own fields, who have volunteered as directors of a fund-raising effort; and of course to the public for their support and their donations, which have now reached about £120,000 in five days. In addition, there have been thousands of letters; the Daily Mail is having to employ a team to open them.

I conclude with two observations: one concerns the court-martial panel and the other is entirely my own. When Sergeant Blackman was sentenced for murder—murder—dismissed from the Royal Marines and ordered to march out of the court, he gave his final salute in uniform. The panel, to a man, returned his salute—an act that is, as far as I know, unprecedented, especially given that they had just condemned him for murder. To me, that act speaks eloquently of their deep feelings of ambiguity.

I end finally with my own thoughts, having been involved with the case for nearly a year. Sergeant Blackman was and is no cold-blooded killer. He was just a man pushed to the very edge and sent to do a filthy job with his hands tied behind his back, and he is now no threat at all to anyone. He is paying a terrible price for a lapse of judgment. He is a man who deserves another hearing and should be allowed to go home to his wife.

--- Later in debate ---

[James Heappey (Wells) (Con)]

My congratulations to my hon. Friend the Member for South Dorset (Richard Drax) on securing the debate and on all the work he has done on this important issue. I speak as a former soldier, but also as the Member of Parliament for Sergeant Blackman’s parents-in-law, who sought my support when I was a candidate in the election and who continue to seek it.

The first thing I want to put on record is an apology for not speaking publicly on this matter before. In offering that apology, and in explaining why I feel ashamed at not having spoken out properly, I hope to shed some light on why so many in the military—those currently serving and those recently retired, particularly those who have served in Iraq and Afghanistan—will feel so reluctant to speak out on this case.

We all go through the same pre-deployment training; we all get taught the rules of engagement. We all know how strong we would want to be when we face danger day in, day out over a six-month tour. We would all like to believe that we have in ourselves the self-control and restraint to remember every letter of that pre-deployment training when we face horrendous, extraordinary situations.

The reason so many of us have come home having acted like that is that we were surrounded by a chain of command and a regiment, whose members were watching our backs on the battlefield—continuing to fire as we moved forward, and continuing to fire as we replaced the magazine on our rifle. They were also watching our backs mentally and psychologically so that, when we got back from a patrol—after an explosion or after a firefight—we were talking to one another, with each of us understanding the pressures the other was under.

The reality is that there is a loneliness in command. From everything I have read, I have no doubt Sergeant Blackman was an extraordinary junior commander who had the welfare of his troops completely at heart. I know from the fact that some of his men are here today—standing up for him silently—that they would have followed him to the ends of the earth.

[Bob Stewart]

Again, I am speaking as an ex-commanding officer, albeit not in the Royal Marine commandos, or the Guards, but if this incident had not happened, this sergeant, in command of a small group—15 men—in such a situation for such a long period, would definitely be on the list for a Conspicuous Gallantry Cross.

[James Heappey]

I thank my hon. Friend.

The reality is that when someone is in a junior command position in an isolated patrol base, there is a responsibility on them to be unbreakable. They do not stint; they do not even take half a step backwards. They walk forwards because that is the only thing their men will follow.

To give junior commanders confidence and strength, and to watch out for their welfare, it is incumbent on those in the chain of command to get around, to visit, to watch, to take people to one side to see how they are and, if they do need a few days out of the line, to invent a reason to get them back down to Camp Bastion so that they can recuperate and get back to the line rejuvenated and with the moral strength they need to lead.

In Sangin, in 2009, my battlegroup was on the very front line—we were taking the highest casualties that had been taken in Afghanistan up until that point. However, I remember only too well that, when there was an incident in an isolated patrol base, the commanding officer and the regimental sergeant-major would be on the first available helicopter up there; if they could not get a helicopter, they would be on the back of the first available patrol. They had a responsibility to get to those patrol bases, not because they wanted to be seen by the riflemen, but because they knew that if the platoon commander and the platoon sergeant were doing everything they had been trained to do, they would be looking out for their soldiers, but nobody in that patrol base would be looking out for them.

And it went on. When an event shook our entire battlegroup, the brigade commander appeared on the first available helicopter from Lashkar Gah. The reason we were able to come back knowing that we had done right and that we had not once crossed the line was that there were people all the way up the chain of the command watching out for us to make sure that we remained strong and resupplied, but also that we were being looked after.

There is a lack of understanding and empathy about what we ask our troops to do, and there are people in this room who have experienced that in the raw. The reality is that operations in Afghanistan over the last five, six or seven years have not been about conventional firefights between two uniformed enemies who stand and shoot at each until one side gives up. This is about a callous, cowardly enemy who uses the cover of night to lay improvised explosive devices with no metal content whatever so that our metal detectors cannot find them. We then ask young men—18-year-olds—and their junior commanders, such as Sergeant Blackman, to step out into the dark of the Helmand night and to walk until somebody has their legs blown off.

That situation is truly extraordinary, yet when this man’s will was broken, when he had taken too much and when his chain of command had let him down, leaving him in the line to continue leading patrols when he had clearly seen too much, we allow him to come home, and we judge those extraordinary circumstances—the extraordinary danger he faced in that extraordinary place—in an ordinary court, with ordinary law, where people are intent on viewing what happened in an entirely ordinary way.

Helmand was a murderous place—a place where the enemy never had the courage to be seen. It was down to the Apaches, with their thermal imaging, to take out those IED crews overnight, because infantry soldiers would never see them by day. They were happy to sit in their compounds and to wait for the explosion, taking satisfaction from another life ruined. They would lay IEDs about 3 feet from the one they thought would get the first casualty. Why would they do that? Because they would then get the front two people on the stretcher party taking the first casualty to the helicopter landing site to get him away to Bastion. This is an enemy who did not play by the rules. This is an enemy that tried your physical and mental strength every single day.

Sergeant Blackman snapped—I believe that is what happened—because he was not looked after by his chain of command. When we brought him home, we tried him in an ordinary court, and we failed to recognise that that extraordinary man deserved the benefit of having those extraordinary circumstances taken into account.

--- Later in debate ---

[James Heappey]

I had concluded, but it is quite right that I put on record that I was referring to an ordinary court martial.

[Bob Stewart]

A general court martial.

[James Heappey]

But, none the less, an ordinary process. I just think that there is a lack of awareness of the extraordinary pressures this man was under. If the case goes to the Court of Appeal, or if, as my hon. Friend the Member for North Thanet (Sir Roger Gale) suggested, it is allowed to be judged by 12 members of the public, an entirely different conclusion will be reached. The problem is that Sergeant Blackman has already been in prison. We have already let him down, and that is unforgiveable.

--- Later in debate ---

[Steven Paterson (Stirling) (SNP)]

I am grateful for the opportunity to speak today, Mr Pritchard, and I commend the hon. Member for South Dorset (Richard Drax) on securing this important debate and the passion with which he spoke about Sergeant Blackman.

The case raises issues of serious concern and it should be carefully considered by the Government, Parliament and parliamentarians. I want to consider some of those issues because I have great sympathy for many of the points being raised across the Chamber, although I share the hon. Gentleman’s concern that it is not for parliamentarians to interfere in an individual court case. Therefore I will speak generally, if I can, about some matters that come out of this.

At the heart of the matter for me is the question of culpability. We train our servicemen and women to an extremely high standard, including on how to operate with integrity on the battlefield. Yesterday, in preparing for this debate, I spoke to a friend of mine who used to teach that course to recruits in the Royal Marines. Based on that conversation, my question is: can that training ever be foolproof? Can it ever see every contingency, given the conditions that we expect these troops to operate in and the action they get into with enemy combatants? If not, where does the appropriate level of culpability lie?

When soldiers are ordered to go out on patrol in highly dangerous areas or to risk their lives defending positions, the stress and psychological toll must be draining. Over a sustained period, those factors must surely affect performance and judgement. The psychological toll must be ever greater on those with responsibility for others—those in command on the ground.

To what extent did the pressures on the sergeant have an adverse effect on his mental state when he made the mistake that he made? I am no expert, and I am not privy to every detail of the case—I have not seen the full coverage, as the hon. Gentleman has—but I would like to know that that was taken fully into account by the court martial; there are questions about whether it was.

I hope that the Minister can indicate how we monitor the psychological toll being taken on our servicemen when they are put in these positions. His comments would be welcome; if we are to have confidence in military justice and that our servicemen are treated fairly, it is important that that is taken into account. As has been said by a number of hon. Members, there are questions about the issue.

How do we determine that a serviceman or woman is psychologically fit to be on the battlefield in the first place, and where does responsibility lie when things go wrong? I also have concerns over the accountability of command for incidents such as the one involving the sergeant, particularly in light of the comments, alluded to by others, of Colonel Oliver Lee, which have been widely reported. Although a couple of hon. Members have mentioned them, I will repeat Colonel Lee’s comments because they are important:

“Sgt Blackman was therefore sentenced by an authority blind to facts that offered serious mitigation on his behalf. The cause of this is a failure of moral courage by the chain of command, the burden of which is carried by the man under command.”

For me, that is extremely concerning. I would like to hear a bit more about that, and it needs to be looked into.

I have a further concern about transparency. It seems to me that transparency is essential in any legal framework but that it does not seem to exist here. Without transparency, how can parliamentarians or the public have confidence that the system of military justice is effective and fair? Given the age in which we live, where information is exchanged and shared like at no other time in human history, we must have a transparent military legal system that we can all have confidence in. What are the facts of this case? Do we know them all—if not, why not? What matters did the court martial consider? Crucially, which ones did they not consider in this case and others?

It has been widely reported that the evidence about the context in which our soldiers were serving was not presented at the trial—the lack of equipment, troop numbers and the job being asked of them, for example. We really need to make sure that that is taken into account. It is also my understanding—this point was mentioned earlier by the hon. Gentleman—that this case is being reviewed, but that there is a reluctance to release the report to the public. In the interests of transparency, I hope that that can be done. I hope that there are no redactions so that we can judge for ourselves on the basis of full information. It is not for me to say whether such evidence would have changed the verdict in the particular case; that is a matter for others. However, I think clarification should be provided on what was considered by the court martial and what was not.

As I said at the beginning, I think there is a case for reviewing the law as regards the prosecution of such crimes. We have to look into that, and I think we have an opportunity to next year. In particular, there is the degree to which culpability rests with individual servicemen and women who are expected to act under orders in extremely difficult and dangerous theatres and under restrictions through rules of engagement.

[Bob Stewart]

Forgive me, but I think the law is clear. Servicemen and women have a duty and a right to kill the enemy, until that enemy comes under their control—de facto, a prisoner. Once the enemy is under control, they have a responsibility to care for that person. In this case, clearly, Marine A did wrong by killing, or assuming he was killing, someone. That is against the law of armed conflict and the Geneva convention. It is quite clear.

What seems to be wrong, having listened very carefully to my hon. Friends and colleagues explain, is that the defence did not defend properly and the judge advocate general in a court martial did not give options to the board. They gave one option: murder—sorry, Mr Pritchard, I do not mean to be making a speech. Murder was one option; manslaughter was another, and at the very least should be considered by the military authorities to sort this out. That should be done with a new legal team, which has a responsibility to go straight back to the military authorities and say, “This is wrong. Sort it, please.”

[Steven Paterson]

I do not necessarily disagree with that, but I did say at the beginning that I was going to try to speak generally, rather than on an individual case, if and when I could, to make my points.

In conclusion, very important points come out of this case. I have a great deal of sympathy with regard to the individual case, but I think Parliament should be considering how we deal with incidents such as this when we put our troops in harm’s way.