CMJ is acting for an elderly veteran, Bernard Emslie, who – in 1980 – was falsely accused and convicted of indecent assault at a summary hearing before his then Commanding Officer. He states that he was neither cautioned, advised of his rights nor properly interviewed after his arrest. He also states that he was subjected to 3 nights of interrogation by the Royal Navy Police Special Investigation Branch. He pleaded not guilty once made aware of the charges brought against him and was not advised by the Lieutenant Divisional Officer representing him of his legal rights. The allegations were false and took place in the context of the so-called ‘gay ban’. Mr Emslie was disrated, dismissed from the armed forces and sentenced to 90 days detention. The conviction had a life-long and devastating impact on him.
CMJ’s Sandeep Michael and Tim James-Matthews of Matrix Chambers are acting for Mr Emslie in his appeal against his conviction, more than 40 years later.
The Judge Advocate General refused permission for Mr Emslie to appeal in the summer and Mr Emslie has appealed to the Administrative Court (an ‘appeal by way of case stated’) on Thursday 5 November where his case will be heard before 3 judges.