A KILLER who shot dead a North-East soldier was allowed to resume his military duties the day after he was released from prison, it has been revealed.

Lance Corporal William Graham was jailed for two years for the unlawful killing of Corporal Anthony Green, of Stanley, County Durham in January 2001.

But following questions in Parliament, Defence Minister Adam Ingram admitted the soldier, who is assigned to the 1st Battalion of the Royal Scots Regiment, resumed his duties on January 10 this year, the day after he was released.

The soldier, who was promoted from Private to Lance Corporal after the killing and allowed to remain in the Army, had been sentenced at Belfast Crown Court.

Mr Ingram said there must be exceptional reasons for retaining a soldier convicted of a criminal offence in the Army but he did not reveal the circumstances in the case of L Cpl Graham when he was questioned by Labour MP Kevin McNamara.

Corp Green's mother, Liz, is fighting for answers on how her son died. She said she will never give up and is considering seeking a judicial review.

She said: "He was sentenced on January 10, 2003, and he was back in the Army on 10, January 2004. What are they playing at? It is the shame of the Army."

Corp Green's family said an Army major told the judge at the time of the trial that Graham would lose his post in the military if he was sent to prison.

Mr McNamara, who is spearheading a public inquiry into non-combat Army deaths, has taken up Mrs Green's cause.

His office said they were only aware of one case where two soldiers were allowed to remain in the Army following a conviction for murder.

Documents obtained from the Ministry of Defence show ten cases over the past ten years of soldiers being allowed to be retained in the Army but the most serious offences were assault.

A spokesman for Mr McNamara said: "It is an outrage he is being retained in the Army. Even if we took Graham's word it was an accident, he still shot and killed one of his own soldiers. What's he going to do in Iraq?"