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| Down Under |
| Aussie doctor found guilty for refusing Iraq service |
| 2006-04-13 |
| AN Australian-born RAF doctor has been found guilty of refusing lawful orders to serve in Iraq. Flight-Lieutenant Malcolm Kendall-Smith, 37, was found guilty by a jury panel of officers from Britain's Royal Air Force, at a court martial in Aldershot, in southern England. He had refused to serve in Iraq as he believed the US-led occupation there was illegal under international law. He had served in the Persian Gulf twice before, but refused to return for a third tour of duty. The jury panel and the judge advocate have retired to consider his sentence. During the trial, which began on Tuesday, Kendall-Smith condemned the actions of the US-led coalition as the same as those of Nazi Germany during World War II. He said he feared being legally complicit in potential war crimes if he served for the RAF in Iraq, alluding to the World War II Nuremberg trials which invalidated the defence of "only following orders". The prosecution argued Britain's presence in Iraq at the time of Kendall-Smith's refusal in June/July 2005 was lawful because it was at the invitation of the interim Iraqi government and mandated by the United Nations. Kendall-Smith studied legal opinion on the legality of the Iraq occupation before informing the RAF he was not willing to serve there. The trial was marked by some clashes between Kendall-Smith and Judge-Advocate Jack Bayliss, who accused the RAF officer of grandstanding in his arguments against the occupation. Kendall-Smith was found guilty on all five charges of refusing a lawful order, associated with his failure to attend training and equipment-fitting sessions and his failure to deploy. The jury panel of officers deliberated for less than two hours. Kendall-Smith was born and did his early schooling in Australia before moving to New Zealand. He returned to work in Australian hospitals before going back to New Zealand in 1996 to complete a post-graduate diploma in philosophy. He later joined the RAF. While he was born in Australia, he is now a dual citizen of Britain and New Zealand. |
| Posted by:Oztralian |
| #3 yesterday's article said he was a Kiwi |
| Posted by: Frank G 2006-04-13 16:14 |
| #2 He said he feared being legally complicit in potential war crimes if he served for the RAF in Iraq, alluding to the World War II Nuremberg trials which invalidated the defence of "only following orders". Well seeing how he had already done 2 tours over there, this sounds like bullshit to me. |
| Posted by: tu3031 2006-04-13 15:41 |
| #1 It is my understanding Cockrtwo Island needs a good medic. Go ahead doc, make your selection: The following is a list of Australian penal colonies. Cockatoo Island, New South Wales Port Arthur, Tasmania Port Phillip Macquarie Harbour Penal Station Maria Island, Tasmania Moreton Bay Norfolk Island Rose Hill Richmond District, Van Diemens Land Risdon Cove Sarah Island Sullivans Cove (Hobart) Swan River Colony see also: History of Western Australia Sydney Cove |
| Posted by: Besoeker 2006-04-13 15:21 |