RAF doctor refused a third tour of duty in 'illegal' war

[cal04]

AN RAF medical officer who refused to return to Iraq for a third tour “honestly” believed that the British military campaign was illegal, a court martial hearing was told yesterday. Flight Lieutenant Malcolm Kendall-Smith, 37, who is facing five charges of failing to comply with a lawful order, decided that it was his duty to disobey the order, his lawyer said during a pre-trial hearing at Aldershot, Hampshire.

The military doctor had refused to take part in any of the pre-deployment training, but Philip Sapsford, QC, for his defence, said that because Iraq had not attacked the United Kingdom or any of its allies there was no lawful reason to invade the country. Flight Lieutenant Kendall-Smith had served two tours of Iraq but had a change of mind after reading all the published material relating to the legal advice given to the Government before the decision to join the Americans in invading Iraq. The advice by Lord Goldsmith, QC, the Attorney-General, was finally made public in April last year.

Mr Sapsford said that Flight Lieutenant Kendall-Smith had faced a legal rather than a moral dilemma when he was asked to return to Iraq for a third time. He had concluded that the invasion had done nothing to protect British lives and had destroyed the lives of many thousands of Iraqis. Although he was a doctor in a non-combatant role, he feared that he could be asked to oversee legally ambiguous situations such as interrogations of prisoners. “The flight lieutenant has been to Iraq, he knows in his own mind what it is like being there. As a doctor, he is entitled to say, ‘I will be sharing responsibility by even demonstrating complicity’.”

Mr Sapsford said that he was prepared to produce expert evidence to show that an existing United Nations Security Council resolution that the United States and Britain claimed was a mandate for the invasion was no defence in international law. He told the hearing, which was presided over by Assistant Judge Advocate Jack Bayliss, that he was considering calling as a witness Ben Griffin, a former SAS soldier, who recently resigned from the Army after complaining of “illegal” acts by American troops in Iraq. Although he had expected to face court martial, he left the Army with a glowing testimonial.

http://www.timesonline.co.uk/article/0,,2-2088123,00.html

[Maat]

1. He's a courageous man fighting for what he believes in!

Information will come out as a result of this - maybe the sheeple will hear this time!

[mom cat]

2. This is truly one courageous man. K&R. This should be seen by

more people.