Officer jailed over Iraq refusal (UK)

[praetorian6]

Officer jailed over Iraq refusal

An RAF doctor who refused to serve in Iraq has been sentenced to eight months in jail and dismissed from the service.
Flt Lt Malcolm Kendall-Smith, 37, was found guilty of five charges of disobeying orders after he refused to go to Basra last June.
He claimed his actions were justified as the UK involvement was illegal.
But a court martial panel agreed with prosecution lawyers the doctor, who was based at RAF Kinloss in Scotland, could not "pick and choose" orders he obeyed.


"Acts of aggression in Iraq provide a moral equivalent between the US and Nazi Germany"
Flt Lt Malcolm Kendall-Smith


Dr Kendall-Smith, who holds dual British and New Zealand citizenship, had served twice in Iraq before he refused to train for his deployment last year.
He decided the invasion was illegal after studying various books and articles.
In mitigation, his lawyer Philip Sapsford described the doctor as "an officer of impeccable character" with an "exemplary record".
"He is a man of great moral courage," Mr Sapsford said.

Nazi claims
On Wednesday Dr Kendall-Smith told the panel he "had evidence" the Americans were "on a par with Nazi Germany with its actions in the Persian Gulf".
"This is on the basis that ongoing acts of aggression in Iraq and systematically applied war crimes provide a moral equivalent between the US and Nazi Germany."
He was found guilty of refusing to attend equipment fittings and a training course as well as one count of failing to obey an order to attend a deployment briefing.

Story from BBC NEWS:
http://news.bbc.co.uk/go/pr/fr/-/1/hi/uk/4905672.stm

Published: 2006/04/13 12:28:33 GMT

[Lord Flashheart]

"Theirs is not to reason why, there is but to do and die. Into the valley of death, rode the sixhundred"

Although some moral conscience always is necessary, mr Kendall-Smith did have the choice as he joined up.
His services as a med doctor surely is needed in Iraq and by following orders and go for his third tour, he can save lives.

[Ngati Tumatauenga]

Good job. He deserves nothing less.

[CMNot]

It will mean nothing to him, short spell in the glasshouse learning the finer points of drill then with his qual's just walk out into a job on the outside. The NHS is always screaming for Doc's.

[XxDualityxX]

I dont know why the cant sac up and serve for fu**'s sake.

[TheStorm]

"Acts of aggression in Iraq provide a moral equivalent between the US and Nazi Germany"
Flt Lt Malcolm Kendall-Smith


rofl rofl rofl

:roll: How naive can you get? :slap:

[EsoognomEhT]

I'm not terribly sure that's being naiive, misguided possibly?

Anyway, the NHS? Not a chance, private practice for this chap! Or possibly a career in politics for the Lib Dems?

[California Joe]

Christ, didn't he take a Hypocratic oath?

How is he any different from the SAS bloke that refused to go back to Iraq after a 3 month tour?

[oregongrunt]

He got off too lightly.

[EsoognomEhT]

Christ, didn't he take a Hypocratic oath?

How is he any different from the SAS bloke that refused to go back to Iraq after a 3 month tour?

He quit the army citing not wanting to go back, whereas this chap didn't quit the crabs and said he wasn't going back?

[California Joe]

That makes sense. Less they can do to you outside the military.

[TheStorm]

I'm not terribly sure that's being naiive, misguided possibly?

Anyway, the NHS? Not a chance, private practice for this chap! Or possibly a career in politics for the Lib Dems?

From Dictionary.com:


7 entries found for naive.
na·ive or na·ïve Audio ****unciation of "naive" ( P ) ****unciation Key (n-v, nä-) also na·if or na·ïf (n-f, nä)
adj.

1. Lacking worldly experience and understanding, especially:
1. Simple and guileless; artless: a child with a naive charm.
2. Unsuspecting or credulous: “Students, often bright but naive, betand losesubstantial sums of money on sporting events” (Tim Layden).
2. Showing or characterized by a lack of sophistication and critical judgment: “this extravagance of metaphors, with its naive bombast” (H.L. Mencken).
3.
1. Not previously subjected to experiments: testing naive mice.
2. Not having previously taken or received a particular drug: persons naive to marijuana.


n.

One who is artless, credulous, or uncritical.

Equating America with Nazi Germany is a pretty good example of that definition.

[EsoognomEhT]

I prefer the Oxford English dictionary over dictionary.com (obvious reasons)

• adjective 1 lacking experience, wisdom, or judgement. 2 (of art or an artist) produced in or adopting a simple, childlike style which deliberately rejects sophisticated techniques.

I don't think Kendall-Smith lacks experience in this instance (having been there and seen it first hand 2times before). He's an RAF Officer and a Doctor - so I don't think he lacks wisdom.
As for judgement, he's been there and judged it twice. His judgement may appear slightly strange to most of us, however I still believe he's misguided with his comments rather than naive.

[Hollis]

A Doctor is a the best position to be if you are a CO... or a nurse or a medic...

he should do a lot longer time, and if the military paid for his education, he should pay them back. There were a number of CO who served in Viet-Nam as medics/corpsman, I have nothing but the highest respects for them. They stood up to their convictions, and still stood in harms way. Unarmed.. I can not say I would do that. this guys is a Wusss

[EsoognomEhT]

Jus for anyone wondering, a Ft. Lieutenant is the equivalent of an Army Captain, as for his uni fees; I know several Medical students at my unit that are sponsored by the Army & they receive something like £13,000 a year (as well as straight commission as Captain I believe) . Knowing the RAF it's probably more ££££ in their case

Anyway;

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Jail for Iraq refusal RAF doctor

http://newsimg.bbc.co.uk/media/images/41555000/jpg/_41555692_kendall_afp203bod.jpg Flt Lt Dr Malcolm Kendall-Smith was based at RAF Kinloss in Scotland

An RAF doctor who refused to serve in Iraq has been sentenced to eight months in jail and dismissed from the service. Flt Lt Malcolm Kendall-Smith, 37, was found guilty of five charges of disobeying orders after he refused to go to Basra last June.
He claimed his actions were justified as the UK involvement was illegal.
But a court martial panel agreed with prosecution lawyers that the doctor, based at RAF Kinloss in Scotland, could not "pick and choose" orders he obeyed.
Dr Kendall-Smith will serve half of his sentence in a civilian prison and the remainder on licence.
He was also ordered to pay £20,000 in costs.
http://newsimg.bbc.co.uk/shared/img/o.gif http://newsimg.bbc.co.uk/nol/shared/img/v3/start_quote_rb.gif He feels his actions were totally justified and he would not, if placed in the same circumstances, seek to do anything differently http://newsimg.bbc.co.uk/nol/shared/img/v3/end_quote_rb.gif


Dr Kendall-Smith's solicitor, Justin Hugheston-Roberts


The judge told him: "You have, in the view of this court, sought to make a martyr of yourself and shown a degree of arrogance which is amazing.
"Consequently you have lost any credit you might have been given for guilty pleas.

[praetorian6]

Jus for anyone wondering, a Ft. Lieutenant is the equivalent of an Army Captain

I was actually just wondering that. Thanks for the update as well.

[Sgt. VeNom]

He should be shot.