Latest news with #ArmedForcesDisciplineAct
1News
5 hours ago
- 1News
Two charges against soldier accused of filming sex without consent dropped
Two of the charges against a soldier accused of taking sexual videos without consent have been dropped. Corporal Manu Smith was facing a Court Martial on three counts of making intimate visual recordings under the Armed Forces Discipline Act. In a Court Martial, a military panel made a decision on the accused's guilt or innocence. This morning, Justice Tom Gilbert, who was presiding over the court, advised the military panel that he had granted the defence's request to drop two of the charges. The judge said the two charges were dismissed for legal reasons because, in light of the evidence, he ruled that a properly directed panel could not reasonably convict on those charges. ADVERTISEMENT That afternoon, the accused Corporal Manu Smith gave evidence for the defence. Defence lawyer Timothy Leighton asked Corporal Smith why he had taken out his phone and started recording during sex with the complainant, and if the woman had known he was filming. Corporal Smith said he saw it as a way of expressing their intimacy and that she had seen that he was filming on his phone, and did nothing to indicate she wanted him to stop filming. He said the pair's relationship had been sexual from the start, and they both shared intimate sexual images with each other. Corporal Smith said the pair had talked about boundaries. "Yes, I expected the same respect from her that she did with me, in terms of sharing content with a third party or anybody outside. "...It was a circle of trust, it should have been. I don't want images of me shared with her girlfriends, nor would she want me to share intimate images of her." ADVERTISEMENT Where to get help for sexual violence. (Source: 1News) He said the pair had discussed filming sexual encounters, while discussing their sexual likes and dislikes, and he believed she was open to it. Corporal Smith said he believed he did have consent to record the sexual encounter which was the subject of the complaint, and he said if she had asked him to stop he would have. The prosecution's captain John Whitcombe asked Corporal Smith about the nature of his relationship with the complainant and whether she had reason to assume it was a exclusive relationship. Corporal Smith said the nature of their relationship was not discussed, but he saw it as non-exclusive and he believed she did too. Captain John Whitcombe challenged Corporal Smith's assertion that the woman had consented to the sex being filmed, asking if there was ever an express discussion about him filming on the day in question. Corporal Smith said they had talked about it in a light-hearted, jovial way. ADVERTISEMENT "There was no black and white, no written agreement," he told the court. The defence and prosecution will give their closing addresses this afternoon.
Otago Daily Times
2 days ago
- Otago Daily Times
Chch soldier guilty of taking intimate images of a woman without consent
Corporal Manu Smith during the hearing. Photo: Pool / Stuff / Kai Schwoerer A soldier has been found guilty of taking intimate images of a woman without consent. Corporal Manu Smith was facing a court martial on one count of making intimate visual recordings. The three-person military panel found Corporal Smith guilty of taking images of the woman without her knowledge or consent. Corporal Smith was facing three counts under the Armed Forces Discipline Act, but on Tuesday morning Justice Tom Gilbert advised the military panel he had granted the defence's request to drop two of the charges. The two charges were dismissed for legal reasons, because in light of the evidence he ruled that a properly directed panel could not reasonably convict on those charges. Corporal Smith earlier said the pair had talked about boundaries and they had discussed filming sexual encounters - and said if she had asked him to stop, he would have. The hearing, at Burnham Military Camp, was earlier told Corporal Smith laughed about the accusations when he was confronted.
Otago Daily Times
2 days ago
- Otago Daily Times
Soldier guilty of filming woman without consent
Corporal Manu Smith during the hearing. Photo: Pool / Stuff / Kai Schwoerer A soldier has been found guilty of taking intimate images of a woman without consent. Corporal Manu Smith was facing a court martial on one count of making intimate visual recordings. The three-person military panel found Corporal Smith guilty of taking images of the woman without her knowledge or consent. Corporal Smith was facing three counts under the Armed Forces Discipline Act, but on Tuesday morning Justice Tom Gilbert advised the military panel he had granted the defence's request to drop two of the charges. The two charges were dismissed for legal reasons, because in light of the evidence he ruled that a properly directed panel could not reasonably convict on those charges. Corporal Smith earlier said the pair had talked about boundaries and they had discussed filming sexual encounters - and said if she had asked him to stop, he would have. The hearing, at Burnham Military Camp, was earlier told Corporal Smith laughed about the accusations when he was confronted.
NZ Herald
2 days ago
- NZ Herald
Charges dropped for soldier in court martial over intimate recordings
Two of the charges against a soldier accused of taking sexual videos without consent have been dropped. Corporal Manu Smith was facing a Court Martial under the Armed Forces Discipline Act on three counts of making intimate visual recordings. In a Court Martial, a military panel make a
Otago Daily Times
2 days ago
- Otago Daily Times
Two charges against Christchurch soldier dropped
Two of the charges against a Christchurch soldier accused of taking sexual videos without consent have been dropped. Corporal Manu Smith was facing a Court Martial on three counts of making intimate visual recordings under the Armed Forces Discipline Act. In a Court Martial, a military panel make a decision on the accused's guilt or innocence. On Tuesday morning, Justice Tom Gilbert, who was presiding over the court, advised the military panel that he had granted the defence's request to drop two of the charges. The judge said the two charges were dismissed for legal reasons, because in light of the evidence, he ruled that a properly directed panel could not reasonably convict on those charges. That afternoon, the accused Corporal Manu Smith gave evidence for the defence. Defence lawyer Timothy Leighton asked Corporal Smith why he had taken out his phone and started recording during sex with the complainant, and if the woman had known he was filming. Corporal Smith said he saw it as a way of expressing their intimacy and that she had seen that he was filming on his phone, and did nothing to indicate she wanted him to stop filming. He said the pair's relationship had been sexual from the start, and they both shared intimate sexual images with each other. Corporal Smith said the pair had talked about boundaries. "Yes, I expected the same respect from her that she did with me, in terms of sharing content with a third party or anybody outside. "...It was a circle of trust, it should have been. I don't want images of me shared with her girlfriends, nor would she want me to share intimate images of her." He said the pair had discussed filming sexual encounters, while discussing their sexual likes and dislikes, and he believed she was open to it. Corporal Smith said he believed he did have consent to record the sexual encounter which is the subject of the complaint, and he said if she had asked him to stop he would have. The prosecution's captain John Whitcombe asked Corporal Smith about the nature of his relationship with the complainant and whether she had reason to assume it was a exclusive relationship. Corporal Smith said the nature of their relationship was not discussed, but he saw it as non-exclusive and he believed she did too. Captain John Whitcombe challenged Corporal Smith's assertion that the woman had consented to the sex being filmed, asking if there was ever an express discussion about him filming on the day in question. Corporal Smith said they had talked about it in a light-hearted jovial way. "There was no black and white, no written agreement," he told the court. The defence and prosecution will give their closing addresses on Tuesday afternoon.
