On 14 October 2002 the Court of Appeal (Lord Phillips of Worth Matravers MR, Chadwick and Keene LJJ) unanimously allowed the newspaper's appeal.

    Chadwick LJ drew attention to five features distinguishing the situation of Gurkha soldiers from non-Gurkha soldiers: “84.

In his judgment, Chadwick LJ noted: “The authorities are unanimous in support of two broad propositions.

But the Sheriff referred to the evidence of Dr Chiswick, who was in favour of an absolute discharge of the [applicant], and who stated that ‘Dr White’s plans for anger management etc. would be regarded

Convention”) by 18 Maltese nationals, Dr Philip Saliba, Sr Maria Saliba, Ms Josanne Galea, Ms Doreen Vella, Mr Mario Sammut, Ms Janine Vella, Ms Mary Anna “Miriam” Saliba, Ms Carmela Saliba, Ms Jane Chadwich

But the sheriff referred to the evidence of Dr Chiswick, who was in favour of an absolute discharge of the [applicant], and who stated that ‘Dr White’s plans for anger management etc. would be regarded