Malcolm_Kendall-Smith
Malcolm Kendall-Smith (born 1968/1969) is a former medical officer in the British Royal Air Force. He was born in Australia, was raised in New Zealand and has dual British-New Zealand citizenship.[1]
He was the first British officer to face criminal charges for disobedience after challenging the legality of the war against Iraq. On 5 October 2005, he was charged with five counts of disobeying a lawful command between 1 June and 12 July 2005.[2] Four of these relate to his refusal to carry out preparatory training with the final charge relating to his refusal to deploy to Iraq.[3]
In October 2005 his solicitor, Justin Hugheston-Roberts, told the Sunday Times "He is not arguing that he is a conscientious objector. He is arguing that the war is manifestly unlawful."[1]
Kendall-Smith was found guilty on all five charges of disobeying orders, sentenced to a penalty of eight months in prison [4] and ordered to pay £20,000 costs.[5]