Background
Marines A, B and C were jointly charged with murder in that they, on or about the 15th day of September 2011 murdered an unknown captured person in Afghanistan. The trial took place between 23 October and 8 November, at Bulford Court Martial Centre, before His Honour Judge Jeff Blackett, the Judge Advocate general, and a board of seven officers and non-commissioned officers.
The incident was captured on a head camera worn by Marine B, who the Crown said thought he had deleted the footage, but a clip survived and was found by police in September 2012 on the laptop of another marine. Investigators later retrieved a second clip. A diary kept by Marine C was used by the prosecution as evidence to show that the killing had been premeditated and part of a plot involving a number of members of the patrol.
The Facts: The incident took place after a British military base was attacked by two fighters. A helicopter opened fire in response, and a patrol led by Marine A found the wounded Afghan in a field. A is recorded on the video saying, "Get him close in, so the [observation balloon] can't see what we're doing to him. He's over there, he can f***ing see us." The man was then dragged to a sheltered area out of view, during which time a discussion took place as to what to do with him. Marine A then asked, "Anyone want to do first aid on this idiot?" Marine C replied, "I'll put one in the head if you want", to which Marine A is heard to respond, "Not on his head, that'll be too obvious."
Marine A shot the Afghan with a nine millimetre pistol, before saying, "There you are. Shuffle off this mortal coil, you c***." Marine A then said: "Obviously this doesn't go anywhere fellas. I just broke the Geneva Convention." The prosecution had alleged that Marines B and C "encouraged and assisted Marine A in carrying out the killing." In a conversation recorded by the camera Marine C was heard asking A if he should shoot the man in the head. Marine B was then heard to say: "If it ever comes to light, it was just a warning shot that got fired." Marine B told the court he believed that the prisoner was alive and delivered first aid to him. He said that he was "stunned" when the shot was fired. Marine C said that he had left the immediate area of the prisoner 20 seconds before a shot was fired and wasn't even looking when his patrol commander fired the shot. Marines B and C were acquitted. Marine A was convicted of murder and will face a mandatory life sentence, subject to a minimum tariff.