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From The Times
October 17, 2005

Trial for RAF officer who questioned war

By Michael Evans, Defence Editor
AN RAF medical officer is to become the first British soldier to face a court martial for refusing an order to serve in Iraq.

Flight-Lieutenant Malcolm Kendall-Smith, 37, based at RAF Kinloss, Morayshire, had served two tours in Iraq. However, his third notice to deploy to Iraq came after an intense public debate this year about the legality of the invasion of Iraq in March 2003.

A colleague of Flight-Lieutenant Kendall-Smith was quoted in The Sunday Times yesterday as saying that, after studying the Attorney-General’s advice, the officer considered the invasion to have been illegal and had told his commanding officer that he felt it wrong to return to Iraq. The Ministry of Defence said that the officer faced four charges under the Air Force Act 1955 for disobeying a lawful command.

MoD sources said that he had not claimed to be a conscientious objector, but had just refused to go to Iraq. The date and location of his court martial have yet to be decided.

Flight-Lieutenant Kendall-Smith is expected to base his defence on RAF regulations which state that an officer is justified in refusing an order if he considers it to be illegal.

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