Tri-Service
Ex-Soldiers Cleared Of Raping Female Corporal
***The report contains footage of Anne-Marie reporting the alleged rape***
Two former soldiers have been acquitted of raping Corporal Anne-Marie Ellement, who was found hanged in her barracks two years later.
Cpl Ellement died at Bulford Barracks in Wiltshire on 9th October 2011, almost exactly two years after alleging that she was raped by two soldiers while stationed in Germany in November 2009.
Thomas Fulton and Jeremy Jones, both 28, insisted Cpl Ellement had engaged in a consensual threesome after drinking with them in the corporals' mess at the camp in Sennelager.
A seven-strong board of civil servants and senior military officers at Bulford Court Martial Centre found both Fulton and Jones not guilty of two charges of raping Cpl Ellement.
Following the verdicts, Judge Jeff Blackett told the defendants:
"Thomas Fulton and Jeremy Jones: your conduct on 20 November was disgraceful. This is not a moral judgment and I make no comment upon sexual practices involving more than two people. But the way you treated Anne-Marie after your encounter was extremely unpleasant."
"After engaging in sex you effectively discarded her while you decided to go off to town without a thought for how she might be feeling or how she might get back to her accommodation safely.
"For Mr Fulton to call her those very unpleasant names including the word 'slag' was truly dishonourable.
"You may have grown up in the seven years since this incident and I hope you will never act in such an appalling way again.
"When you look back on what happened you must feel very ashamed."
"Having said that, you are now free to go and you are to leave the courtroom now before I clear the court."
The verdicts follow a lengthy fight for justice by Cpl Ellement's family, as the case was originally dismissed in 2010.
Judge Blackett said: "This case should have been heard five years ago.
"The extreme delay in bringing this case to court ultimately prejudiced the defendants, Anne-Marie and justice generally."
The judge added that it was "absolutely correct" for the proceedings to be reinstituted, "notwithstanding the ultimate outcome".
An Army spokesperson, meanwhile, said:
"Today ex-Corporals Fulton and Jones have been acquitted of the rape of Corporal Anne-Marie Ellement.
"Quite rightly we take any allegation of rape or sexual assault extremely seriously and there is no place in a modern Armed Forces for bullying, harassment or criminal behaviour of any sort, including sexual assault.
"As with any instance where the Service Prosecuting Authority or Crown Prosecution Service decides there is a case to be answered, it is right that these allegations are scrutinised in court and we fully respect the court martial’s decision."
"Our thoughts remain with Cpl Ellement’s family and friends."
In March 2014, Coroner Nicholas Rhinberg said the "lingering mental effects" of the alleged rape were a factor in Cpl Ellement's suicide.
Mr Rhinberg found Cpl Ellement believed she had been raped and was strongly affected by the "deeply humiliating experience".
His comments came following the second inquest into Cpl Ellement's death, which took place after her family used Article 2 of the Human Rights Act to demand a fresh hearing.
The family, represented by Liberty, also fought for a fresh investigation into the rape allegations against Fulton, from Chester, and Jones, from Carmarthenshire.
The case was later investigated by the RAF Police, who worked with civilian officers from Bedfordshire Police and the Crown Prosecution Service.
Fulton and Jones, who left the Army in 2014 and 2013 respectively, were each charged with two counts of rape in October last year and their trial began on 11th April.
What was the timeline of events that led to the verdict?
- Anne-Marie from Bournemouth, joined the British Army in January 2006. She was 25.
- In the early days, Army life was tough for her. She had problems with her fitness – but, according to her family, she enjoyed her work within the Royal Military Police.
- In 2009, she was transferred from Northern Ireland to Sennelager in Germany.
- In November of that year, she claimed she had been raped by two soldiers, Thomas Fulton and Jeremy Jones.
- The three of them had been drinking in a bar in the corporals’ mess. They then went back to Jeremy Jones bedroom. The next day, Anne-Marie accused them of raping her.
What happened next?
January 2010 The Service Prosecuting Authority decided there was “insufficient evidence to prosecute” Thomas Fulton and Jeremy Jones.
March 2010 Anne-Marie was then posted to Bulford Barracks in Wiltshire.
October 2011 Anne-Marie was found dead on a fire escape outside her barracks. She had hanged herself.
March 2012 An inquest recorded a verdict that Anne-Marie took her own life.
February 2014 After pressure from her family a new investigation took place. It recorded a narrative verdict, but criticised the British Army for not supporting her.
October 2015 Following a review Thomas Fulton and Jeremy Jones were arrested for rape, and faced a court martial.