Challenge to a War

Brisbane born, Dunedin raised and educated Malcolm Kendall-Smith, the man who refused to return to fight in a war that was “manifestly unlawful”, stood by his decision at a court martial hearing on 27 October at Bulford Camp’s Military Court Centre, Wiltshire and maintained his plea of not-guilty. The 37 year-old decorated RAF officer who holds dual NZ/British citizenship and dual degrees in Medicine and Kantian moral philosophy faces four charges of disobeying a lawful order and could face a jail term if convicted. A second private preliminary hearing is scheduled for the first week of December. Following that, a more lengthy public hearing will take place some time in March 2006, preceding the trial proper. Kendall-Smith’s lawyer Mr Hugheston-Roberts said: “It is going to be a case that will raise very substantial and profound questions of international law and jurisprudence. It is the most important case that has come before the courts in a lifetime and it is the first time that we will be seeking a judicial ruling, to a criminal standard, of this country’s actions.”