From: Adam Flinton 

jeff wrote:
> And our military is doing the prosecuting of ours - I found really
> interesting this part:
>
>  > The attorney general brought the case after the soldier's officer
>  > dismissed any charges against him.
>

Yup we have double jeopardy. If you break mil rules & regs then mil
court. If you break civie rules then civie court. A soldier is merely a
citizen in uniform (as is a policeman).

What might be allowed under mil rules may still be a prosecutable crime
under the civie law.

No mil law OR civie law, it's an "AND".

Adam


> Adam Flinton wrote:
>
>> Jeff Shultz wrote:
>>
>>> At least the US military is charging it's own.
>>> When will the British Army?
>>>
http://uktop100.reuters.com/latest/Army/top10/20030702-BRITAIN-KENYA-RAPES-
UPDATE-1.ASP
>>>
>>>
>>
>> We do & will.
>>
>> We're even paying for it
>>
>> http://www.guardian.co.uk/kenya/story/0,12689,989884,00.html
>>
>> Note the date of the story.
>>
>> This has been going on a while & while undoubtably there is a kernel
>> of truth, there is a fair amount of chaff which will need to be
>> separated out as there is sizeable compensation on offer so making a
>> claim is a bright thing to do:
>>
>> http://www.guardian.co.uk/kenya/story/0,12689,1053942,00.html
>>
>>
>> WRT mil actions, if the mil don't act then civilian prosectution will:
>>
>> http://news.bbc.co.uk/1/hi/uk/3634624.stm
>>
>> "A 21-year-old British soldier has appeared in court charged with the
>> murder of an Iraqi civilian.
>>
>> Trooper Kevin Lee Williams, of the 2nd Royal Tank Regiment, is accused
>> of killing Hassan Sayyed in Ad-Dayr, in south-eastern Iraq, on 3
>> August 2003.
>>
>> The attorney general brought the case after the soldier's officer
>> dismissed any charges against him.
>>
>> Mr Williams was granted conditional bail in a hearing at Bow Street
>> Magistrates' Court in London.
>>
>> Mr Sayyed, a licensed handgun owner, is alleged to have died from
>> gunshot wounds to the chest suffered after an encounter with British
>> soldiers investigating an altercation between two drivers.
>>
>> The soldier, wearing a dark blue suit and open-necked shirt, spoke
>> only to confirm his name and his address was not read out in court.
>>
>> Bail conditions
>>
>> Mr Williams must reside at Knightsbridge barracks in central London on
>> Tuesday night and thereafter at Catterick Garrison, North Yorkshire,
>> as part of his bail conditions.
>>
>> He is also not permitted to leave except by permission of an officer.
>>
>> Mr Williams must report daily to the Royal Military Police post at
>> Catterick barracks, surrender his passport and undergo an examination
>> carried out by two medical practitioners.
>>
>> The soldier, who was arrested by Metropolitan Police detectives on
>> Tuesday morning, is due to appear at the Old Bailey on 28 September.
>>
>> Police investigation
>>
>> The case was referred to the CPS by the Attorney General, Lord Goldsmith.
>>
>> He said: "This case, which involves an alleged unlawful killing by
>> shooting of an Iraqi citizen during the course of an arrest, was
>> brought to my attention after charges were dismissed by the soldier's
>> commanding officer.
>>
>> "This meant the case could not be tried by court martial. I referred
>> it to the CPS who asked the Metropolitan Police for assistance in
>> collecting further evidence.""
>>
>> Adam

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