25.4.04

Irish Examiner

ARMY ACCUSED OF 'NEGLIGENCE' BY DEAD GIRL'S FAMILY

British army chiefs were urged to hand over a soldier wanted for serious driving offences three months before he killed his teenage girlfriend in a horrific road crash, it was revealed today.

With warrants out for Gordon Godley’s arrest, senior officers were alerted to a hunt for the Argyll and Sutherland Highlanders’ private.

Even though his commanding officer instructed staff to arrange for him to appear at court in Scotland, Godley continued to serve in Northern Ireland.

But tragically, on November 22, 2002 his uninsured Honda CRX smashed into oncoming traffic in Co Down, flinging Gemma Montgomery, 18, from the passenger seat.

As the A-Level student’s parents John and Esther prepared for the inquest into her death, they accused British military authorities of damning levels of negligence that cost their daughter’s life.

Mr Montgomery said: “I’m disgusted by the Army. If they had acted as they should Godley would have been convicted and discharged.

“Hence he wouldn’t have been in Northern Ireland and we would still have our daughter.”

Amid demands for a full inquiry into the case, Britain's Defence Minister Ivor Caplin has also become involved in the increasingly bitter row.

No official response was available from the military, despite a number of attempts. However, it is understood the army believe the onus was on police to go and get Godley.

Police in Belfast revealed they were also probing the case.

Godley, who is now serving a four-year jail sentence after admitting causing death by dangerous driving, has since been thrown out of the British Army in disgrace.

He was first arrested for motoring offences in May 2002 in his home area of Stirling, but when he failed to turn up at the town’s Sheriff Court warrants for his arrest were issued.

Once Central Scotland Police realised Godley’s battalion was based at Palace Barracks, near Belfast, the Police Service of Northern Ireland was contacted in a bid to have him detained.

A letter to Stirling police, signed by Lieutenant Colonel Jonathan Gray and dated September 2, 2002 has been obtained which explains Godley had not attended court for two reasons. First, the summons was sent to his house and second, he did not ask for mail to be forwarded to Palace Barracks.

Under a section detailing action to be taken, it states a sergeant was instructed to deal with the case and liaise with police and Godley.

“She will be in touch with your department this week to confirm all details with yourselves and arranging a date for Pte Godley to appear at Stirling Sheriff Court,” Lt Col Gray wrote.

“I apologise for the poor handling of this case and trust that we will be able to resolve this as soon as possible to your and my satisfaction.” But according to Stirling police superintendent Andrew Barker, the Army told officers Godley was on leave later that month when he again failed to show.


Mr Barker told how further enquiries were unclear due to lack of documentation.

In a letter to Lady Sylvia Hermon, the Ulster Unionist North Down MP, who has been fighting the Montgomery’s case, the police chief added: “The recollection of my staff is that there followed a number of contacts with the Army which indicated that Godley was serving ’overseas’ and therefore was not available for the execution of the warrant.” Further correspondence from the regiment on October 31, signed by the sergeant appointed to handle the case, was sent to the Procurator Fiscal’s office in Stirling confirming Godley was still based at Palace Barracks.

It also advised the authorities to direct any correspondence to Lt Col Gray as legal documentation to soldiers can often be “conveniently mislaid, or claimed to never have been received”.

Three weeks later Godley, who was disqualified from driving in Scotland, slammed into a Mercedes on the A2 Bangor to Belfast road at up to 90mph.

Gemma, who was from the Co Down town, was killed instantly, while the soldier was treated in hospital for his injuries.

Charged with causing her death, along with other driving offences, he was bailed on condition he remained within the barracks. But he fled to Stirling, sparking a two-month manhunt.

He was finally captured and sentenced in December, but with the Montgomery family set to relive the agony of Gemma’s death during the inquest, they have demanded answers.

Mrs Montgomery added: “A job wasn’t done, Gemma paid the price and we have to live with that.”

Lady Hermon was equally incensed and accused the UK military hierarchy of closing ranks.

Following repeated demands for a full investigation, Mr Caplin has now called for a meeting with her to discuss the issues involved.

“I find the Army’s behaviour in this contemptible,” Lady Hermon said.

“The Army took responsibility and intervened to ensure these warrants would be served, but they weren’t.

“Had it been acted upon properly we would still have Gemma and Godley would not have her death on his conscience.”

The British Army was unable to comment on the case, stressing the difficulties of contacting senior officers in the Argyll and Sutherland Highlanders now based in Iraq.

But it is believed that the motoring offences Godley was wanted for were not regarded as serious enough for military police to take action on the warrants.

A spokeswoman for the Police Service of Northern Ireland insisted they were examining the case.

She said: “The PSNI are vigorously looking into this matter and are treating it very seriously.

“However, until the full facts are available it would be inappropriate for us to comment at this stage.”


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