Posted by alexandra_k on October 12, 2006, at 9:17:26
> RAF doctor jailed for refusal to go to Iraq
The RAF doctor Malcolm Kendall-Smith has been sentenced to eight months in jail.
The flight lieutenant was found guilty by a court martial today of failing to comply with lawful orders after refusing to serve in the Iraq war.
The 37-year-old, who has dual British and New Zealand citizenship, had denied five charges which relate to his deployment, training and equipment fitting.
Following the sentencing Kendall-Smith's solicitor read a statement on behalf of the doctor, saying: "Now, more than ever, I feel my actions were totally justified. I would not seek to do anything differently. To take the decision I did caused me great sadness but I felt I had no other choice. I still have a very long way yet to travel and more work yet to do."
He told a pre-trial hearing last month that he refused to go to Iraq because he believed the war was illegal.
Kendall-Smith told the military hearing that he refused to serve in Basra, Iraq, last July because he did not want to be complicit with an "act of aggression" contrary to international law.
He said: "I have evidence that the Americans were on a par with Nazi Germany with its actions in the Persian Gulf. I have documents in my possession which support my assertions.
"This is on the basis that on-going acts of aggression in Iraq and systematically applied war crimes provide a moral equivalent between the US and Nazi Germany."
Kendall-Smith, who tutored in philosophy at a New Zealand university, added that he refused to take part in training and equipment fitting prior to the deployment because he believed these were "preparatory acts which were equally criminal as the act itself".
David Perry, prosecuting, said the case against Kendall-Smith was that the orders were lawful and he had a duty to obey them as a commissioned officer.
He added that the question of the invasion of Iraq was irrelevant because it occurred prior to the charges which date back to last year.
And he said that at the time of the charges, the presence of coalition forces in Iraq was unquestionably legal because they were there at the request of the country's democratically-elected government.
RAF Wing Commander Ailsa Gough, staff officer from Strike Command, said outside court: "The MoD notes the court's verdict and its support for the position that, in accordance with the Air Force Act 1955, the orders given to Flt Lt Kendall-Smith were lawful and, therefore, should have been obeyed.
"As it is possible for Flt Lt Kendall-Smith to seek leave to appeal this verdict, it would be inappropriate to comment any further."
The charges faced by Kendall-Smith were that on June 1, 2005 he failed to comply with a lawful order to attend RAF Kinloss, Moray, for pistol and rifle training, failed on June 6, 2005 to attend a helmet fitting and between June 12 and 24, 2005 failed to attend a training course.
He also denied failing to comply with an order 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, Iraq on July 12, 2005.
In court Judge Advocate Jack Bayliss said that Kendall-Smith would serve half of his sentence in custody and the remainder on licence.
He also ordered him to pay £20,000 towards his defence costs, which were paid by legal aid. Judge Advocate Bayliss said that the offences were so serious that only a custodial sentence was appropriate.
He added: "Obedience of orders is at the heart of any disciplined force. Disobedience of orders means it is not a disciplined force, it is a disorganised rabble.
"Those who wear the Queen's uniform cannot pick and choose which orders they obey and those who do so must face the consequences."
He added that the sentence would send a message to other members of the armed forces of the importance of obeying orders.
Sentencing Kendall-Smith, Judge Advocate Bayliss told him: "You have, in this court's view, sought to make a martyr of yourself. You have shown a degree of arrogance that is amazing."
He added that Kendall-Smith may have acted out of his moral viewpoint but his interpretation of the presence of British forces in Iraq as illegal was incorrect.
Speaking outside the court, Kendall-Smith's solicitor Mr Hugheston-Roberts said his client intended to appeal. He said: "At the moment the instructions are to appeal both convictions and sentence."
He added that after a period of "demilitarisation" Kendall-Smith, who was also dismissed from the RAF by the court martial panel, will serve his term of imprisonment in a civilian prison.
A spokesman for the Royal Air Force Prosecuting Authority said: "It is right that Ft Lt Malcolm Kendall Smith was prosecuted for disobeying legal orders. British troops are operating in Iraq under a United Nations mandate and at the invitation of the Iraqi government. The Judge Advocate ruled that the court would not accept his defence that the war was illegal and a panel of his peers have convicted him on that basis."
Damn.
poster:alexandra_k
thread:694101
URL: http://www.dr-bob.org/babble/poli/20061009/msgs/694101.html