Saturday 13 February 2010

Was there a miscarriage of justice in the Court Martial of Malcolm Kendall-Smith?

If my thesis is correct, that military action has been unlawful for UK Armed Forces since July 2000, it seems to me that it inevitably follows that those military personnel court martialled in relation to actions (or refusals) since that date may have been the subject of a miscarriage of justice.

A more than averagely informative account of the Court Martial of Malcolm Kendall-Smith is found here: RAF doctor must face Iraq court martial.

The article attributes the following quote to Jack Bayliss:

He said: "There can have been no possible illegality in complying with the orders to attend for pistol and rifle training, to attend for a helmet fitting and sizing, or to attend an initial response training course. Those are all activities ancillary to any deployment to an operational theatre."

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