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22/03/2006
RAF doctor faces court martial
An RAF doctor who refuses to serve in Iraq will face a court martial.
Flight Lieutenant Malcolm Kendall-Smith, 37, faces five charges of failing to comply with a lawful order after he refused to participate in training and deployment to Basra in June 2004.
The 37-year-old officer, who holds dual British/New Zealand citizenship, had previously served two tours of duty in Iraq, but refused to return last June because he believed the war was illegal.
At a pre-trial hearing last week, Flt Lt Kendall-Smith's defence counsel Philip Sapsford QC said that the officer believed that there was no lawful reasons to enter Iraq, because it had not attacked the UK. He argued that he was then entitled to disobey the orders he was given, because he believed Iraq to be under occupation.
However, at the ruling at Aldershot Court Martial Centre, Judge Advocate Jack Bayliss said that none of the orders given to Flt Lt Kendall-Smith were unlawful. He said: "I also conclude that it is no defence to a charge of wilfully disobeying a lawful order that the defendant believed that the order was not lawful."
Flt Lt Kendall-Smith is charged with failing to comply with an order on June 1, 2005 to attend RAF Kinloss for pistol and rifle training, failing to attend a helmet fitting on June 6, 2005 and failing to attend a training course between June 12 and June 24.
He is also charged with failing to attend a deployment briefing at RAF Lyneham on June 30, 2005 and failing to comply with an order to replace a squadron leader for Operation Telic in Basra by July 12, 2005.
(KMcA)
Flight Lieutenant Malcolm Kendall-Smith, 37, faces five charges of failing to comply with a lawful order after he refused to participate in training and deployment to Basra in June 2004.
The 37-year-old officer, who holds dual British/New Zealand citizenship, had previously served two tours of duty in Iraq, but refused to return last June because he believed the war was illegal.
At a pre-trial hearing last week, Flt Lt Kendall-Smith's defence counsel Philip Sapsford QC said that the officer believed that there was no lawful reasons to enter Iraq, because it had not attacked the UK. He argued that he was then entitled to disobey the orders he was given, because he believed Iraq to be under occupation.
However, at the ruling at Aldershot Court Martial Centre, Judge Advocate Jack Bayliss said that none of the orders given to Flt Lt Kendall-Smith were unlawful. He said: "I also conclude that it is no defence to a charge of wilfully disobeying a lawful order that the defendant believed that the order was not lawful."
Flt Lt Kendall-Smith is charged with failing to comply with an order on June 1, 2005 to attend RAF Kinloss for pistol and rifle training, failing to attend a helmet fitting on June 6, 2005 and failing to attend a training course between June 12 and June 24.
He is also charged with failing to attend a deployment briefing at RAF Lyneham on June 30, 2005 and failing to comply with an order to replace a squadron leader for Operation Telic in Basra by July 12, 2005.
(KMcA)
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Northern Ireland WeatherToday:A very mild, but mostly cloudy day, although with some bright or sunny spells. It will be mostly dry in the morning, but a little patchy light rain or drizzle at times in the afternoon. Maximum temperature 14 °C.Tonight:A band of heavier rain will move east during the evening before clearing eastwards after midnight. then mostly dry through the early hours, but a little rain towards dawn. Minimum temperature 8 °C.
