Malcolm Kendall-Smith (born 1968/1969) is a former

medical officer A physician (American English), medical practitioner (Commonwealth English), medical doctor, or simply doctor, is a health professional who practices medicine, which is concerned with promoting, maintaining or restoring health through the ...

in the

British British may refer to: Peoples, culture, and language * British people, nationals or natives of the United Kingdom, British Overseas Territories, and Crown Dependencies. ** Britishness, the British identity and common culture * British English, ...

Royal Air Force The Royal Air Force (RAF) is the United Kingdom's air and space force. It was formed towards the end of the First World War on 1 April 1918, becoming the first independent air force in the world, by regrouping the Royal Flying Corps (RFC) and ...

. He was born in Australia, was raised in New Zealand and has dual British-New Zealand citizenship. He was the first British officer to face criminal charges for disobedience after challenging the legality of the

war against Iraq The 2003 invasion of Iraq was a United States-led invasion of the Republic of Iraq and the first stage of the Iraq War. The invasion phase began on 19 March 2003 (air) and 20 March 2003 (ground) and lasted just over one month, including 26 ...

. On 5 October 2005, he was charged with five counts of disobeying a lawful command between 1 June and 12 July 2005. Four of these relate to his refusal to carry out preparatory training with the final charge relating to his refusal to deploy to Iraq. In October 2005 his solicitor, Justin Hugheston-Roberts, told the ''

Sunday Times ''The Sunday Times'' is a British newspaper whose circulation makes it the largest in Britain's quality press market category. It was founded in 1821 as ''The New Observer''. It is published by Times Newspapers Ltd, a subsidiary of News UK, whi ...

'' "He is not arguing that he is a

conscientious objector A conscientious objector (often shortened to conchie) is an "individual who has claimed the right to refuse to perform military service" on the grounds of freedom of thought, conscience, or religion. The term has also been extended to object ...

. He is arguing that the war is manifestly unlawful." Kendall-Smith was found guilty on all five charges of disobeying orders, sentenced to a penalty of eight months in prison and ordered to pay £20,000 costs.

Pre-trial hearing

In a statement to the court martial at a pre-trial hearing in

Aldershot Aldershot () is a town in Hampshire, England. It lies on heathland in the extreme northeast corner of the county, southwest of London. The area is administered by Rushmoor Borough Council. The town has a population of 37,131, while the Alders ...

, on 15 March 2006, Kendall-Smith said: "I am a leader. I am not a mere follower to whom no

moral responsibility In philosophy, moral responsibility is the status of morally deserving praise, blame, reward, or punishment for an act or omission in accordance with one's moral obligations. Deciding what (if anything) counts as "morally obligatory" is a princi ...

can be attached." Philip Sapsford, QC, defending, told the court martial: "The flight lieutenant is entitled to advance before this tribunal that the use of force in Iraq was unlawful in international law," essentially reasoning that Kendall-Smith should be allowed to argue that any participation in the war effort was therefore unlawful. Sapsford added that the defence team was prepared to produce expert evidence to show that UN Resolution 1546, relied upon by the UK and US governments to justify the

2003 Invasion of Iraq The 2003 invasion of Iraq was a United States-led invasion of the Republic of Iraq and the first stage of the Iraq War. The invasion phase began on 19 March 2003 (air) and 20 March 2003 (ground) and lasted just over one month, including 26 ...

, was no defence in international law. Sapsford also said he was considering calling former SAS soldier Ben Griffin, who recently resigned because of his objections to the war, to give evidence. Prosecutors argued that the legal questions surrounding the invasion of Iraq were irrelevant and that the case should centre only around the official orders given to Kendall-Smith. Prosecutor David Perry argued that at the time Kendall-Smith refused to deploy, the invasion itself was over and British forces were in Iraq with the authority of U.N. Security Council resolutions passed after Saddam's fall. A ruling on 22 March 2006, by the judge advocate Jack Bayliss, concurred.

Court-martial

A court-martial in Aldershot sat from 11 to 13 April 2006. Kendall-Smith was found guilty on all five charges of disobeying orders, and sentenced to a penalty of eight months in prison and ordered to pay £20,000 costs.

References

{{DEFAULTSORT:Kendall-Smith, Malcolm Trials in England 1960s births Living people 20th-century Royal Air Force personnel Royal Air Force Medical Service officers Iraq War resisters British male criminals Royal Air Force personnel who were court-martialled Royal Air Force personnel of the Iraq War Australian emigrants to New Zealand New Zealand emigrants to the United Kingdom

Pre-trial hearing

Court-martial

See also

References