Blackman, R. v

Judgment

Lord Thomas of Cwmgiedd, CJ: Background

The events of 15 September 2011

In 2001 HM Armed Forces were deployed, as part of the International Security Assistance Force, to Afghanistan. During that deployment they became engaged in operation Herrick - combating the insurgency in Helmand Province in southern Afghanistan. The main British base was at Camp Bastion, near the provincial capital, Lashkar Gah. HM Forces established a Forward Operating or Patrol Base at Shazad in South Western Helmand. Under the control of that base there were other posts including one at Command Post (CP) Taalanda and CP Omar. A watch was kept for insurgents over this area by a camera on a balloon above the base at Shazad which was referred to as a “persistent ground surveillance system” (PGSS).

On 15 September 2011 insurgents attacked CP Taalanda using small arms fire. The operations room at Shazad observed through the PGSS two persons believed to be armed insurgents in the region of CP Taalanda. An Apache helicopter from Camp Bastion was called in; one of the insurgents was located in an open field. The helicopter opened fire and fired a total of 139 30mm rounds at that insurgent. Those watching the operation, including the pilot and those at Shazad, thought that he could not have survived.

The unit at CP Omar was a patrol of Royal Marines under the command of the appellant who then held the rank of Acting Colour Sergeant; he had been deployed to Afghanistan in March 2011. Under him were a patrol of marines, including Corporal Watson (referred to as Marine B at the Court Martial) and Marine Hammond (referred to as Marine C). They were ordered on the afternoon of 15 September 2011 to undertake what was called a battle damage assessment, that is to say to see what the effect of the helicopter’s attack had been and to report what they had found.

The patrol located the insurgent. It recovered his AK 47, two magazines and a hand grenade. It was assumed at Shazad that the insurgent had died of injuries inflicted by the gunfire from the helicopter.

In October 2011 the appellant completed his duty in Afghanistan.

The discovery in September 2012 of a recording of the events

In September 2012, during an investigation into an unrelated matter, the military police found on a computer a video recording of the incident that had taken place on 15 September 2011. Investigations showed this had been taken by a camera mounted on the helmet of Corporal Watson.

As a result, on 13 O