Letter to Brigadier General David Neal

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Letter to Brigadier General David Neal
« on: April 11, 2018, 06:59:41 PM »
Brigadier General David Neal                                                            Albert Burgess
Provost Marshal
HQ Provost Marshal (Army)
Ramilies Building
Marlborough Lines
Monxton Road 11th April 2018
Andover
SP11 8HJ
Ref The trial of soldiers over deaths of others in action.
Sir
I like you held the office of constable and for the last thirteen years I have been researching the English Common and Constitutional law. I like the vast majority oh her Majesty’s natural born subjects have a sense of great pride over our armed forces, the arrest and charging of our servicemen on charges of Murder or manslaughter for incidents going back thirty years is an anathema to all her Majesty’s loyal subjects. We have always seen the deaths of anyone at the hands of British service men on active duty as unfortunate but unavoidable. I in the course of my research came across an article in one of the hundreds of books on English history and common and constitutional law which bears directly on these deaths.
It is contrary to our law to use the armed forces of the Crown to police our streets, but there are occasions such as occurred in Northern Ireland where the civil authority have lost control and ask the military to help restore order. The armed forces are required to assist the civil authority, but according to the attached documents I am supplying although they are equipped with weapons in use by the military weapons which are by there very nature designed to take life the soldiers are there in their capacity as private subjects of the Crown with a common law duty imposed upon them to prevent riot or felonious assembly. If whilst employed in this roll the soldier discharges his weapon and a felon dies that is written up as justifiable homicide. If however whilst aiming at a felon he misses and hits someone who is not engaged in a riot or felonious act, that according to the court ruling on the last page of the attachment is considered in law to be an accidental death for which no action is to be taken against the soldier. Although the law laid out in the article is old going back to Queen Elizabeth I there is no principle of obsolescence known to English law, if the law works it remains in force for ever. In this case we are talking about the common law which has become the custom and practice of England. I therefore ask that you intercede on behalf of those soldiers awaiting trial and those convicted without the knowledge that the deaths for which they were convicted even if the deceased was entirely innocent of any crime were in this instant legally accidental deaths for which no legal penalty does or should apply.
Respectfully submitted for your Consideration
Albert Burgess
Cc to the Judge Advocate General
The Attorney General

this follows my last post and is in the post today


 
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