An SAS sniper has been told he will face a retrial over illegally possessing a pistol and ammunition – despite a last-minute claim prosecutors acted improperly by consulting on the case.

Sergeant Danny Nightingale today pleaded not guilty to illegally possessing a Glock 9mm pistol and more than 300 rounds of ammunition.

He was convicted and sentenced to military detention last year before having his sentence reduced and conviction quashed by Court of Appeal judges.

At a preparatory hearing to discuss the future of the case earlier, Judge Advocate Jeff Blackett said there was no abuse of process relating to content in emails apparently leaked by a Ministry of Defence source, which were referred to for the first time at the hearing at Bulford Military Court Centre in Wiltshire.

He said: “Provided I am satisfied that there has been no bad faith or dishonesty and that the exercise of a prosecutorial discretion has been conscientiously undertaken, I should direct that the matter proceeds to trial.

“I am so satisfied. There is no abuse of process and I dismiss the defendant’s application to stay these proceedings.”

Sgt Nightingale's counsel, Simon McKay, told the court about emails leaked by an MoD “whistle-blower'' which he said appeared to show the Director of Service Prosecutions consulting the military “chain of command'' – the Adjutant General's office – on whether or not to pursue the case against the soldier.

Mr McKay said: “There is an issue of disclosure. In theory the effect of this meeting is rather like the Director of Public Prosecutions saying to the head of the Metropolitan Police: ‘I’m thinking of charging one of your officers, I’d be interested in your views, thank you very much’.”

However, prosecutors said there was nothing “improper” with the conduct alleged in the email.

Counsel Timothy Cray told the court: “If there was a basis, for a second, to think that the Director of Service Prosecutions said to the AG: ’Tell me what you want me to do, I will roll over and go with the army’s view,’ then there is something in my friend’s point.”

But he said there was nothing in the evidence which suggested a breach of regulations.

Sgt Nightingale, 38, from the Duke of Lancaster regiment, appeared in court wearing full military uniform and answered “not guilty” to two charges put to him this afternoon.

The trial, at Bulford, is expected to start on July 1.