Court martial to hear Iraq war challenge
28 Oct 05
Officer who refused to serve in Iraq claims order to prepare illegal
The legality of the war in Iraq is set to be argued before a court martial hearing the case of a Kinloss-based RAF officer. An RAF officer facing court martial for refusing to serve in Iraq because he thought the war was illegal has appeared at a preliminary hearing.
Flt Lt Malcolm Kendall-Smith had previously served in Iraq but refused to return on the basis that the war was illegal. The officer said he had studied the legal advice of Attorney-General Lord Goldsmith before taking his stance.
Charged with five counts of "refusing to obey a lawful command", Flt Lt Kendall-Smith maintains a plea of not guilty, on the basis that the war in Iraq was manifestly illegal. Four of the charges relate to preparations for the deployment and the fifth to refusing to go.
His lawyer, Justin Hugheston-Roberts, said: "It is a legal test to seek out a ruling on the jurisprudence of the issue: Was the war legal or not?"
A hearing has been adjourned until the first week of December, but the legal debate is not expected to take place before March 2006.