THE Prime Minister yesterday signalled a likely overhaul of the
courts-martial system as a direct consequence of the acquittal in
Germany last year of a lance-corporal accused of murdering a 16-year-old
Glasgow girl.
Fresh legislation may be introduced in the next parliament.
The 24-year-old soldier was set free last year amid allegations that
the prosecution case had been bungled and that the trial should have
been held in a civilian court.
It was made known yesterday that Mr Major had expressed his deep
sympathy for the parents of Christina Menzies, and said he would be
happy to meet them to discuss their concerns. It is an invitation that
will be taken up.
''I can well understand their very close interest in seeking an
overhaul of the courts-martial system,'' the Prime Minister stated in a
letter to Mr George Galloway, Labour MP for Glasgow Hillhead.
In the Commons yesterday, under the umbrella of parliamentary
privilege, Mr Galloway declared that Corporal Darren Fisher was the
killer of Christina Menzies -- even though he had been cleared of her
murder by a court-martial.
Corporal Fisher still is a serving soldier in the Royal Logistics
Corps. At one time, he applied to join the SAS, but failed its rigid
entrance course.
Mr Galloway told Defence Procurement Minister Roger Freeman: ''The
military police, who are just soldiers with armbands, and the military
prosecutor, who was just a soldier in a wig, bungled the case.
''The murderer then walked free and is still at large, serving in Her
Majesty's Services. Is it not about time we overhauled the archaic
system of military justice, which is widely discredited?''
Mr Freeman told him: ''I think the whole House will understand the
grief and concern of the parents concerned, and anyone who is a parent
will share their deep shock at their tragic loss.
''It is not up to Defence Ministers to reopen that particular trial.
The trial has been heard and you have deeply held views about its
progress and conclusion. It is not for a Minister of the Crown to
re-open that trial.
''However, I believe that when we debate the Armed Forces Bill it will
be perfectly appropriate to raise the question of procedures used within
the Services, including the courts-martial procedures.
''I am sure it will be entirely appropriate to raise that matter on
the floor of the House or during committee, and I look forward to that
occurring.''
Last night, Christina's mother agreed that it now looked probable that
the law would be changed, and it was unlikely that a similar situation
could happen again.
However, Mrs Christine Menzies remained bitter against the Army.
''Christina was a dependant . . . a nobody.. under British military
law,'' Mrs Menzies said. ''She was not even entitled to her own name on
her death certificate. She was described only as the daughter of Staff
Sgt John Menzies.''
The parents were even billed by the Army for the return of her body to
the United Kingdom. Staff Sgt Menzies' commanding officer eventually
picked up the bill.
Mrs Menzies said last night that following the court-martial, the
Germans themselves had lost all confidence in the British military
system of justice.
Following the murder of her daughter, the Germans were now insisting
that deaths involving British nationals should be tried in civilian
courts. She knew of at least three other cases.
Had the murder been committed in the United Kingdom, there would have
been no question that it would have gone before anything other than a
civilian court, Mrs Menzies said.
Staff Sgt Menzies and his wife were in the public galleries to hear
what seemed to be the first stage towards victory in their campaign to
have the courts-martial system revised.
However, they have been strongly urged not to pursue a case for
damages in a civil case against Corporal Fisher -- mainly on grounds of
costs -- nor to continue their campaign to have the soldier tried for
perjury during his trial.
Mr Galloway said that the Prime Minister's response had been both
sympathetic and sensitive. It implied that there could be changes in
future to courts-martial procedures.
Staff Sgt Menzies also welcomed the response from Mr Major. Up until
then, he said, all he had received were standard bureacratic responses
or otherwise points raised by him and his wife were just ignored.
''It was all wrong at the court-martial,'' he said. ''The could not
even find a bible to enable Corporal Fisher to take the oath before
giving evidence. This case should have been held in a civilian court.''
The girls's body was found beside a motorway near the British military
base at Gutersloh in June 1993. She had attended a disco at the base.
She was strangled or suffocated some time after leaving the disco.
Her parents, having set a curfew were out searching for her, when she
left the base for another disco.
The court-martial was told that forensic evidence linked Corporal
Fisher to the crime.
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