A FORMER soldier was celebrating last night after judges in Strasbourg ruled that Britain's courts martial system was unfair and contravened the European Convention on Human Rights.
Lawyers believe the landmark legal case could lead the way for up to 50 similar claims from former military personnel.
The European Court of Human Rights found that a traumatised Falklands veteran was denied a fair hearing after he went berserk during a drinking session.
However, his claim for £440,000 in lost wages and army pension rights was rejected by the judges who awarded him legal costs of nearly £24,000.
Mr Alex Findlay, a sergeant in the Scots Guards, held colleagues at gunpoint and threatened to kill himself, before firing two shots into a television set in 1990 on a tour of duty in Northern Ireland.
The episode was triggered by the sound of an opening beer can which brought back memories of bullets flying past his head.
Mr Findlay, from Windsor in Berkshire, was jailed for two years despite evidence he was suffering from post-traumatic stress disorder brought on by seeing friends mutilated and killed during the Falklands war.
Last night the former guard said he was overjoyed at the ruling and glad his ordeal had finally come to an end.
"I felt the court martial was very disconcerting. It seemed to be all arranged in advance and they didn't listen to a word I said. I'm just pleased it is all finished because each time a stage of the case came up it has caused me to relive the trauma I have been through," he said in a statement through his solicitor, Mr John MacKenzie.
The military courts martial system has in the past been criticised as trial by superiors not by peers.
Mr Findlay's case centred on the role of the convening officer, who the court ruled, held unfair sway over proceedings.
The president of the court was on the staff of the convening officer and subordinate to him - and the confirming officer was also the convening officer.
The human rights judges said this meant Mr Findlay's court martial only became effective after confirmation and ratification by the same man.
The Ministry of Defence said the court had praised legal changes to courts martial procedures due to come into effect later this year.
A spokesman said: "We are, very pleased with the court judgment which is much as we expected and we welcome the supporting view of the changes we have already made.
Changes to the system include the introduction of a military prosecution service and independent judges who will adjudicate on cases.
An appeal court is also to be set up to contest sentence as well as verdict.
In the future every serviceman and woman will be entitled to take discipline hearings to a full court martial