asked Her Majesty's Government:
Following the cases of Sergeant Selman and others acquitted at court martial, whether (a) the witness statement provided by Sergeant Selman and (b) the transcript of Sergeant Selman's interview under caution were excluded from evidence and did not go before the court; and, if so, for what reasons. [HL1205]
The witness statement provided by Sergeant Selman was excluded from evidence by the Judge Advocate. This ruling was in response to a submission by Sergeant Selman's counsel that the Royal Military Police had reasonable grounds by the time his statement was taken to suspect his involvement in an offence. That being so, he should have been treated as a suspect rather than a witness, and cautioned and interviewed under the Police and Criminal Evidence Act 1984. The transcript of Sergeant Selman's interviews under caution was not excluded but the Judge Advocate ordered that those parts of the interview which related to the witness statement should be removed. Following this ruling the prosecution decided not to use the interviews of Sergeant Selman in evidence.