Victory for Standard in Army lovers case

The Evening Standard today won a libel victory in the High Court over two soldiers who had denied having an affair during a vital army exercise in the desert.

Captain Sarah Pedder, who had claimed she was "thrown out" of the army after allegations of sex in the sand with a junior officer, faces bankruptcy.

The 28-year-old had fallen in love with Staff Sergeant Al Dummer but denied having sex during a military exercise codenamed Operation Swift Sword in Oman in 2001.

Sgt Dummer, 39, who has been reduced to the rank of corporal and is now her husband, also lost his claim for damages.

They had sued Associated Newspapers over articles in The Evening Standard and Daily Mail in February last year which they claimed implied they had sex while in Oman.

But the jury rejected their claims and the couple looked stunned as the unanimous verdict was returned after almost five hours at the end of a twoweek trial.

They must pay legal costs estimated at about £300,000 - but say they do not have the money to pay.

Their solicitor advocate John Mackenzie, who must bear his own costs of up to £100,000 after taking their case on a no-win no-fee basis, said: " We are very disappointed in the result. We will not be appealing. They do not have the money to pay the costs and will be bankrupt." They had planned two further actions against The Sun and Daily Telegraph over similar allegations but they are now unlikely to go ahead.

"We have to consider what to do about those claims," said Mr Mackenzie.

In the trial Captain Pedder had said she was "gutted" when she first heard the rumours and added: "I was completely shocked. It came completely out of the blue." Both denied any sexuallymotivated contact between them while in Oman.

But she did admit ditching her husband of six months and that Sgt Dummer left his wife and two children and that they did have sex after they returned to the UK.

And in February last year she was discharged from the army without a pension and after 20 years' service when he had worked through the ranks her lover was reduced to the rank of Corporal. He leaves the Army next month on a Staff Sergeant's pension.

In May this year after they were divorced from their former partners the couple, from Leicester, married.

They had sat together in court as Mr Mackenzie told Mr Justice Gray and the jury of seven women and four men the stories about them were "objectionable " and "very offensive."

Mr Mackenzie told the jury: "I would suggest to you that each of these stories was saying loud and clear these two soldiers had a sexual relationship including sexual intercourse while on exercise in Oman."

The Evening Standard story headlined "Army Captain faces sack over her 'affair" claimed colleagues said of the couple "they immediately fell for one another and during their 11 weeks in the desert spent an increasing amount of time together."

It also reported that "they paid frequent visits to each other's tents and drove off on motorbikes to 'check transport arrangements.'"

He claimed the Mail article the next day had a "nudge nudge , wink wink headline "Desert Manoeuvres." They were told of the rumours about them on their return to the UK.

Associated denied the stories bore the meanings alleged and claimed they were true and pleaded justification. They justified the articles bysaying they only meant the couple were having "an affair", which had the wider meaning of an emotional relationship.