First appointment of High Court Judge to hear a military court trial (R -v- Payne, Mendonca & Others)

The Judge Advocate General, Judge Jeff Blackett, has appointed Mr Justice (Sir Stuart) McKinnon to conduct the forthcoming Court Martial trial of seven British servicemen for alleged offences concerning the death of Baha Mousa in Iraq in September 2003.

His Honour Judge Blackett said:

“The Army Act 1955 section 84B gives me the authority to appoint any suitably qualified lawyer or judge as the Judge Advocate to conduct a military court trial. Given that this is the first case in English legal history of a serviceman being charged with a war crime under section 51(1) of the International Criminal Court Act 2001, I took the view that the unprecedented legal circumstances, gravity of the charges and high profile nature of this case made it appropriate to appoint a High Court Judge as the Judge Advocate, and I accordingly approached the Lord Chief Justice of England and Wales, the Rt Hon Lord Phillips of Worth Matravers.

“The Lord Chief Justice responded positively to my request, and I am very pleased that Mr Justice McKinnon has agreed to assume the management of this trial.”

It is expected that the trial will commence in early September at Bulford, Wiltshire.

Notes for Editors

1. Mr Justice McKinnon was appointed a High Court Judge in 1988. He was called to the Bar in 1960 and made a QC in 1980. He was a Recorder between 1985 and 1988.
2. HH Judge Blackett made an Order on 3 March 2006 imposing reporting restrictions on this case. This gives the effect that the media may not report or publish the personal addresses of any of the defendants or their next of kin addresses (if different). Any description of the defendants must be restricted to their names, rank and military units.

Ends