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Good job mr judge, no really, GOOD job.
Americans are sooooooooo st00pid.
how can a "super power" be soooo st00pid?
fatreg
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Posted: 2006-04-22 21:50:49
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Super power 'My Backside'.
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Posted: 2006-04-22 22:40:46
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The reason given by Flight Lt. Malcolm Kendall-Smith, for not wishing to return to Iraq (he had been on previous tours) was, that he believed the war was unlawful. He could not prove to a legal standard that it was in fact unlawful, therefore his defence failed. It is not to do with a cover-up. The legalities concerning serving military personnel are laid out plainly in statute and relevant precedents. When anyone enters the armed forces, they are fully aware of the consequences if they choose to disobey an order. It is correct that an Officer should always consider the legality of any order they receive. If they choose to disregard an order, on the grounds that they believe it to be unlawful, then the burden of proof (in showing that it is not only prima facia unlawful, but also unlawful within the statutory and common law framework) lies on their shoulders. He was unable to provide persuasive precedent and furthermore he was unable to bring himself within a statutory defence (i.e. by proving that the war is unlawful). The judges had no choice under the Law but to find him guilty. It is all well and good for him to believe that the war is unlawful, but by that very definition he needs to be able to prove before a Court of Law, that it is in fact unlawful - which he could not. This case deals only with the law, anecdotal 'evidence' is irrelevant, personal opinion is irrelevant, the only things that are relevant are statutes and case law - that is what the court concerns themselves with.
People may think the outcome of the trial was 'unfair', but he knew the legal framework he was operating under, and he knew that he would have to provide a legal defence for his actions. The Court could not simply acquit him because popular opinion believed it to be 'the right thing to do', that would have made a mockery of our entire legal system.
_________________
We are not afraid!
[ This Message was edited by: london-uk on 2006-04-22 22:13 ]
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Posted: 2006-04-22 23:12:53
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Quote:
On 2006-04-22 21:50:49, fatreg wrote:
Good job mr judge, no really, GOOD job.
Americans are sooooooooo st00pid.
how can a "super power" be soooo st00pid?
fatreg
reg this guy is a british serviceman sentenced in a british court, nothing to do with america
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Posted: 2006-04-22 23:24:24
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ooops.
my bad!
almost makes me ashamed to be british!
fatreg
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Posted: 2006-04-22 23:44:27
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ay I do feel for the bloke, I think the imprisonment is a tad OTT. sure dismiss him, that would happen in any workplace if you refused to do your job but dont imprison him. I reckon theyre sending a message by making an example of him.
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Posted: 2006-04-23 00:52:38
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yeah a message not to join the RAF!
not the right message i feel.
fatreg
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Posted: 2006-04-23 00:55:36
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Over 9000 U.S service men refused to serve in in Iraq and have claimed asylum in either canada or other countries to avoid charges and imprisonment.
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Posted: 2006-04-23 15:18:40
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Question is: How many fools/cannonfodderunits/familymembersfriendsandlovedones/patriotfascistswithoutreallynoticingorpayingattention will fall for the same bullshit yet again when the USofUnconsciousness attacks Iran and Venezuela. Because of Uranium!!!HaHaHa... I.O.B. anyone!? Iranian Oil Bourse, i.e.
Iran's very smart plan to start trading oil in Euro instead of Dollars (guess what Saddam was planning to do just before Blair'n'Bush decided to do him in?!?!). As IF,ffs, US/UK give a toss about Non-proliferation Treaty
(how could they, selling Nuke parts to Pakistan/India/Israel?)...
So anyway, my dearest... Have been beaten up by cops at no-nukes demos... a good friend crippled etcetcetc and now thanks to the madfolks in USof EY and UK I actually HOPEHOPEHOPE the Iranians build a nice bunch of big bad nukes. Sickening! And, P.S., noone should call Blair Bush's poodle/asskisser etc etc... Blair is evil all by himself and unlike Bush HE does not have a roomtemperature I.Q. as an excuse (lets not forget that he used illegally declared Iraqi no-fly-zones to bomb the shit out of
Iraqi civilians with Mr nice-Clinton long before Bush was even on any election ticket; let's not forget that 6months before the beginning of the last/current Iraq war the UK homeoffice was deporting Iraqi asylum seekers because "Iraq is a perfectly safe place" to condemn you to...
And now I am so p.o.'d because I could go on and on and
OFF I AM...maggflodd
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Posted: 2006-04-23 16:14:16
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maggflodd welcome to esato.
Very well said.
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Posted: 2006-04-23 16:37:04
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