Army major sentenced over secret files 27.02.12

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An Army officer decorated for his bravery in Afghanistan has avoided an immediate jail term but been dismissed from the armed forces for keeping top secret documents at his home.

The documents, along with a gun and ammunition, were found when Major Robert Armstrong's service quarters in Lisburn, Co Antrim, were raided as part of a 2009 investigation into allegations that he was awarded the Military Cross (MC) based on exaggerated claims.

Today Colchester Military Court heard he had not been charged over these allegations but an "administrative investigation" was under way.

The court also heard a criminal investigation had been launched into how information relating to that investigation was passed from the Ministry of Defence to the press.

Wearing number two dress uniform, Armstrong, 38, of the Royal Artillery, did not display his MC as he appeared for sentencing for four counts of conduct to the prejudice of good order and military discipline under the 1955 Army Act which he had previously admitted.

Prosecutor Lieutenant Colonel Callum Cowx said the documents included 43 confidential, 114 secret and two top secret, the most sensitive class of information, files. A further 23 documents were not protectively marked but were potentially sensitive.

The contents of the documents were not disclosed in open court, but Mr Cowx said: "If some of the documents fell into the wrong hands, it could have had dire consequences for national security."

The charges relate to possession of the documents, an inoperable Glock pistol, 273 rounds of ammunition and a morphine injector, issued to all personnel for use in theatre.

When interviewed by military police, Armstrong said he transferred the documents to his personal laptop so he could work on them at home.

He accepted that secure alternatives were available to him, Mr Cowx said.

The gun, which had belonged to an Iraqi policeman who died in a bomb attack, was badly fire-damaged and could not be discharged, he claimed.

Along with the ammunition, it had been placed in storage and recently returned to him as he moved into new accommodation.

He had forgotten the items were there and was "taken aback" when they were discovered in the search in May 2009, Paul Colhoun said in mitigation.

Mr Colhoun said: "There was nothing untoward or sinister about his possession of these items, other than his own oversight.

"There has been no leakage of the information in his possession."

He added that Armstrong, who was of previous good character, was made major in 2006 after joining the Army in 1998.

He has served in Afghanistan, Iraq, Cyprus, Germany and Northern Ireland.

Armstrong was awarded the MC in March 2009 - two months before his arrest - for "consistent bravery and inspirational leadership" in Afghanistan.

Mr Colhoun asked earlier that the investigation into his MC award be disregarded in relation to sentencing as the inquiry was continuing and he is currently entitled to wear it.

He added: "Along with the administrative inquiry by the chain of command, I understand there is a criminal investigation into how information was passed from the MoD to, I believe, the Sun newspaper."

Armstrong has served as an instructor with the Royal School of Artillery since his arrest.

After two-and-a-half hours of deliberation, a court martial board imposed a year sentence suspended for two years.

They also ruled he was not fit to continue service in the Army and would be immediately dismissed.

Judge Jeff Blackett described Armstrong as an "outstanding field soldier".

But he added: "There was no doubt that you knew you should not have retained these items.

"You have taken a very cavalier attitude to the handling of dangerous and potentially very damaging material."

He added that the documents could have threatened the "internal security of the UK" and led to "widespread loss of life".







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