Iraq refusenik doctor jailed in UK military ‘show trial’
-13/04/06
A Royal Airforce
Iraq refusenik doctor jailed in UK military ‘show trial’
-13/04/06
A Royal Airforce doctor who refused to serve in Iraq has been sentenced to eight months in jail and dismissed from the RAF by a military tribunal denounced as ìa show trialî by critics of the legality of the war, including the UK Christian think tank, Ekklesia.
Flt Lt Dr Malcolm Kendall-Smith, aged 37, was found guilty of five charges of disobeying orders after he refused to go to Basra, Iraq, in June 2005.
He said that his actions were necessary because UK involvement in the Iraq war was illegal in international law. But the presiding judge refused point-blank to hear any evidence about the legality of coalition actions, thus rendering the defendant defenceless.
According to the BBC, Dr Kendall-Smith will serve half of his sentence in a civilian prison and the remainder on licence. He has been ordered to pay £20,000 in costs.
Dr Kendall-Smith’s solicitor, Justin Hugheston-Roberts, said: ìHe feels his actions were totally justified and he would not, if placed in the same circumstances, seek to do anything differently.î
Peace campaigners, civil rights advocates and families of soldiers killed in the Iraq invasion ñ which took place after the United Nations was misled about non-existent weapons of mass destruction in Iraq ñ have hailed Dr Kendall-Smith for his personal and moral courage.
But the judge in the case told him: ìYou have sought to make a martyr of yourself and [have] shown a degree of arrogance which is amazing.î
Dr Kendall-Smith will appeal the verdict, and is said to be “upset yet resilient”.
Commented his representative Mr Hugheston-Roberts: “Now, more so than ever, [Dr Kendall-Smith] feels his actions were totally justified and he would not, if placed in the same circumstances, seek to do anything differently.”
The Stop the War Coalitionís national organiser, Chris Nineham, called the decision “a travesty of justice”.
And Simon Barrow of the UK Christian think tank Ekklesia, which is associated with Christian Peacemaker Teams, said: ìIt is hard to detect much fairness or even-handedness in these proceedings, which will strike many as akin to the kind of ëshow trialí usually shunned by democracies.î
Mr Nineham said that Dr Kendall-Smith had taken “a very courageous stand” and had “paid a very high personal price for the lies of Tony Blair and his government.”
Meanwhile Campaign for Nuclear Disarmament chair Kate Hudson noted that military personnel had a responsibility to familiarise themselves with international law on the conduct of war and to act accordingly.
She declared: “We all know they cannot hide behind the excuse that they are on the receiving end of orders from on high.”
Dr Kendall-Smith holds dual British and New Zealand citizenship. He had served twice in Iraq before he refused to train for his deployment last year.
The doctor concluded that the Iraq invasion was illegal after studying books and articles and is otherwise considered to have had an exemplary military record.
[Also from Ekklesia: Peacenik, an innovative new Internet Service Provider which involves its subscribers in supporting practical work for peace and nonviolence]
Iraq refusenik doctor jailed in UK military ‘show trial’
-13/04/06
A Royal Airforce doctor who refused to serve in Iraq has been sentenced to eight months in jail and dismissed from the RAF by a military tribunal denounced as ìa show trialî by critics of the legality of the war, including the UK Christian think tank, Ekklesia.
Flt Lt Dr Malcolm Kendall-Smith, aged 37, was found guilty of five charges of disobeying orders after he refused to go to Basra, Iraq, in June 2005.
He said that his actions were necessary because UK involvement in the Iraq war was illegal in international law. But the presiding judge refused point-blank to hear any evidence about the legality of coalition actions, thus rendering the defendant defenceless.
According to the BBC, Dr Kendall-Smith will serve half of his sentence in a civilian prison and the remainder on licence. He has been ordered to pay £20,000 in costs.
Dr Kendall-Smith’s solicitor, Justin Hugheston-Roberts, said: ìHe feels his actions were totally justified and he would not, if placed in the same circumstances, seek to do anything differently.î
Peace campaigners, civil rights advocates and families of soldiers killed in the Iraq invasion ñ which took place after the United Nations was misled about non-existent weapons of mass destruction in Iraq ñ have hailed Dr Kendall-Smith for his personal and moral courage.
But the judge in the case told him: ìYou have sought to make a martyr of yourself and [have] shown a degree of arrogance which is amazing.î
Dr Kendall-Smith will appeal the verdict, and is said to be “upset yet resilient”.
Commented his representative Mr Hugheston-Roberts: “Now, more so than ever, [Dr Kendall-Smith] feels his actions were totally justified and he would not, if placed in the same circumstances, seek to do anything differently.”
The Stop the War Coalitionís national organiser, Chris Nineham, called the decision “a travesty of justice”.
And Simon Barrow of the UK Christian think tank Ekklesia, which is associated with Christian Peacemaker Teams, said: ìIt is hard to detect much fairness or even-handedness in these proceedings, which will strike many as akin to the kind of ëshow trialí usually shunned by democracies.î
Mr Nineham said that Dr Kendall-Smith had taken “a very courageous stand” and had “paid a very high personal price for the lies of Tony Blair and his government.”
Meanwhile Campaign for Nuclear Disarmament chair Kate Hudson noted that military personnel had a responsibility to familiarise themselves with international law on the conduct of war and to act accordingly.
She declared: “We all know they cannot hide behind the excuse that they are on the receiving end of orders from on high.”
Dr Kendall-Smith holds dual British and New Zealand citizenship. He had served twice in Iraq before he refused to train for his deployment last year.
The doctor concluded that the Iraq invasion was illegal after studying books and articles and is otherwise considered to have had an exemplary military record.
[Also from Ekklesia: Peacenik, an innovative new Internet Service Provider which involves its subscribers in supporting practical work for peace and nonviolence]