Free Marine A

Author
Discussion

dai1983

2,919 posts

150 months

Saturday 12th September 2015
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Ayahuasca said:
Before the Talib was shot with the pistol the marines' discussion suggests that they thought he was already dead. Firing a bullet into a dead body is not murder. Was an autopsy performed? Was it proven that the Talib was killed, not by the 139 30mm rounds fired by the Apache, but by one 9mm round fired by Marine A? If not, it is not murder. Even if the marines really believed the man was alive, unless an autopsy can prove the single 9mm bullet killed him, it is not murder.
Hes still in the wrong as the Geneva convention protects the body and possessions of dead enemy combatants.

It's not like they burst into the compound, saw him holding his Ak47 and immediately put some extra rounds into him which under certain circumstances and ROE could have been legal.

Ayahuasca

27,427 posts

280 months

Saturday 12th September 2015
quotequote all
dai1983 said:
Ayahuasca said:
Before the Talib was shot with the pistol the marines' discussion suggests that they thought he was already dead. Firing a bullet into a dead body is not murder. Was an autopsy performed? Was it proven that the Talib was killed, not by the 139 30mm rounds fired by the Apache, but by one 9mm round fired by Marine A? If not, it is not murder. Even if the marines really believed the man was alive, unless an autopsy can prove the single 9mm bullet killed him, it is not murder.
Hes still in the wrong as the Geneva convention protects the body and possessions of dead enemy combatants.

It's not like they burst into the compound, saw him holding his Ak47 and immediately put some extra rounds into him which under certain circumstances and ROE could have been legal.
Did wrong, yes. Murderer, no.

davepoth

29,395 posts

200 months

Sunday 13th September 2015
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Ayahuasca said:
Did wrong, yes. Murderer, no.
How does that work? Which bit of murder didn't he do?

Ayahuasca

27,427 posts

280 months

Sunday 13th September 2015
quotequote all
davepoth said:
Ayahuasca said:
Did wrong, yes. Murderer, no.
How does that work? Which bit of murder didn't he do?
When was it proven beyond reasonable doubt that the bullet fired by the marine killed the insurgent? It wasn't.


Oilchange

8,483 posts

261 months

Sunday 13th September 2015
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God knows just didn't like being called a tosser

98elise said:
Then why wasn't that the basis of his defence?

Plenty of other serving and ex-forces have stated on this thread that Marine A is a murderer.
Edited by Oilchange on Sunday 13th September 07:10

98elise

26,696 posts

162 months

Sunday 13th September 2015
quotequote all
Ayahuasca said:
davepoth said:
Ayahuasca said:
Did wrong, yes. Murderer, no.
How does that work? Which bit of murder didn't he do?
When was it proven beyond reasonable doubt that the bullet fired by the marine killed the insurgent? It wasn't.
I think you'll find it was. Thats what a trial does.


ellroy

7,054 posts

226 months

Sunday 13th September 2015
quotequote all
dai1983 said:
Hes still in the wrong as the Geneva convention protects the body and possessions of dead enemy combatants.

It's not like they burst into the compound, saw him holding his Ak47 and immediately put some extra rounds into him which under certain circumstances and ROE could have been legal.
Whilst not condoning what he did, the Geneva conventions only apply to uniformed members of a state's forces. They do not apply to militia, partisans or whatever other badge you may want to give to timmy and his mates.

From what I heard from the new appeal legal team they are not disputing the killing rather that in context of the stress the Sgt was under etc that the charge should have been manslaughter in the first place. I can see where they're coming from.

anonymous-user

55 months

Sunday 13th September 2015
quotequote all
Ayahuasca said:
davepoth said:
Ayahuasca said:
Did wrong, yes. Murderer, no.
How does that work? Which bit of murder didn't he do?
When was it proven beyond reasonable doubt that the bullet fired by the marine killed the insurgent? It wasn't.
There only needs to be a casual link between the act and a death, and it only needs to hasten the death to amount to the act.

The Court Martial Appeal Court re-adjusted the sentence, taking into consideration the greater stress of the circumstances.

They apparently also missed it wasn't proven beyond reasonable doubt...

sugerbear

4,065 posts

159 months

Sunday 13th September 2015
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ellroy said:
dai1983 said:
Hes still in the wrong as the Geneva convention protects the body and possessions of dead enemy combatants.

It's not like they burst into the compound, saw him holding his Ak47 and immediately put some extra rounds into him which under certain circumstances and ROE could have been legal.
Whilst not condoning what he did, the Geneva conventions only apply to uniformed members of a state's forces. They do not apply to militia, partisans or whatever other badge you may want to give to timmy and his mates.

From what I heard from the new appeal legal team they are not disputing the killing rather that in context of the stress the Sgt was under etc that the charge should have been manslaughter in the first place. I can see where they're coming from.
Armed forces applies to militia or volunteer forces. Have a look here https://www.icrc.org/customary-ihl/eng/docs/v1_cha...

dai1983

2,919 posts

150 months

Sunday 13th September 2015
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Following article from 2009 regarding medical assistance also mentions Geneva:

http://www.theguardian.com/uk/2009/jan/23/military...

TBH I get a mandatory brief every year about the law of armed conflict and the section about irregular forces being covered or not confuses most of us. It's more black and white when ROE/SOP etc gets dictated in theatre as every mission etc is different.

A good guide is your own moral compass and I remember we were told by our CO "Don't do things that you will regret when you get home". Im also a firm believer in patching the enemy up and extracting information that leads to the destruction of their friends.

In this case I believe it was murder and I'm surprised that it took an unrelated police investigation for him to get found out.

EskimoArapaho

5,135 posts

136 months

Sunday 13th September 2015
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ellroy said:
the stress the Sgt was under etc that the charge should have been manslaughter in the first place. I can see where they're coming from.
They're entirely coming from a position of trying to get him off the hook for a premeditated murder. The manslaughter/PTSD-made-me-do-it defence appeals more to the public's prejudices than the actual evidence.

rohrl

8,746 posts

146 months

Sunday 13th September 2015
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La Liga said:
here only needs to be a casual link between the act and a death, and it only needs to hasten the death to amount to the act.

The Court Martial Appeal Court re-adjusted the sentence, taking into consideration the greater stress of the circumstances.

They apparently also missed it wasn't proven beyond reasonable doubt...
Causal?

anonymous-user

55 months

Sunday 13th September 2015
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Correct, typo.


ReallyReallyGood

1,622 posts

131 months

Wednesday 21st December 2016
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Bail DENIED.

anonymous-user

55 months

Wednesday 21st December 2016
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As far as I understand, he's trying to reduce his murder conviction by reducing it to manslaughter through diminished responsibility i.e. claiming he has had / has serious mental health issues.

Why would you grant bail to someone who is relying on the fact he wasn't / isn't mentally capable of being wholly accountable for an unlawful killing?

If his conviction is quashed and his is re-tried and convicted of manslaughter, then this time inside will count towards whatever sentence he receives for that offence in any event.






ReallyReallyGood

1,622 posts

131 months

Wednesday 21st December 2016
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La Liga said:
Why would you grant bail to someone who is relying on the fact he wasn't / isn't mentally capable of being wholly accountable for an unlawful killing?
Presumably this defense has been used successfully in the past?

anonymous-user

55 months

Wednesday 21st December 2016
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The defence of diminished responsibility for murder? It certainly has been used successfully in the past.

Elroy Blue

8,689 posts

193 months

Wednesday 21st December 2016
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I certainly don't condone what he did, but is he any threat to the Public. I think we can safely say a resounding no.

On that basis I don't see why he can't be treated like many other prisoners who have committed 'violent' crime and be released.

Tom Logan

3,230 posts

126 months

Wednesday 21st December 2016
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Elroy Blue said:
I certainly don't condone what he did, but is he any threat to the Public. I think we can safely say a resounding no.

On that basis I don't see why he can't be treated like many other prisoners who have committed 'violent' crime and be released.
Agree with his 100%, a dose of humanitarianism would go a long way to restoring faith in the justice system with the general public.