Latest news with #ArmedForcesDisciplineAct
1News
13 hours ago
- Politics
- 1News
'Unique' espionage trial of a NZ soldier to be heard next week
A soldier with links to far-right groups and who is accused of spying will face a court martial hearing next week – a first-of-its-kind prosecution shrouded in secrecy for now. The Linton-based soldier's name is suppressed and so is the foreign country at the centre of the espionage case, as well as the names of some prosecution expert witnesses. RNZ was opposing these orders and a suppression hearing was scheduled for next Monday morning, before the court martial would begin. In late 2020, 17 charges under the Armed Forces Discipline Act were laid against the soldier, including espionage and possessing objectionable material. Since then, the case has wended its way through pre-trial hearings. ADVERTISEMENT RNZ has previously reported the soldier, aged 27 at the time of his arrest, was a member of far-right groups the Dominion Movement and Action Zealandia. First of its kind A similar case 50 years ago tried and acquitted Bill Sutch in the civilian court of espionage, for passing information to the Russians. Next week's court martial is the first military case. "I think 'unusual' is not the right term," said retired Auckland University law professor Bill Hodge about the prosecution. "I think 'unique' might be the correct term." Hodge said the suppression orders appeared extensive. "I've always been surprised that there could be information held by the armed forces, which absolutely had to be kept top secret. ADVERTISEMENT "There maybe information about the citizens of a foreign jurisdiction and what they're doing here, but still, that would be of public interest." Hodge said military courts were historically ahead of civilian ones on matters of justice and fairness, although they might hold concerns about making information public. "Remember, the background of a military court would concern hostilities and [be] in the face of the enemy. In that sort of situation, that sort of context, they would be greatly concerned with information that would aid the enemy. "I don't see an enemy at this moment, so I'm still mystified at what secrecy they'll be pursuing." Military panel to hear the case One difference between courts martial and civilian courts is that, instead of a jury, a panel of senior military officers hears the evidence, and decides on a defendant's guilt or innocence, and – if applicable – their sentence. In his previous career in the military, Hodge sat on these panels. ADVERTISEMENT "A military court is concerned with fairness, right to counsel, the insanity defence, for example, the discovery of information," he said. "One thing I could say firmly is the individual will have a fair trial, because in my experience, it's a fair system." David Pawson is an experienced court martial counsel and, in 30 years – firstly with the military police, then as a lawyer – he has never seen a similar case. "When I was a military police special investigator – that was at the end of the Cold War period – and even during that period, I was not aware of any investigation of that sort of nature. I have to say that was a new one to me." The system was robust and transparent, he said. "The court martial, in my experience, has always been very careful not to be seen as a secretive court and generally does apply those principles the same way that they do in the civil court." This meant the starting point for suppression decisions was open justice. Another experienced court martial lawyer, Michael Bott, said talking to a military panel was somewhat different to addressing a jury. ADVERTISEMENT "There are military values you have to take into account and also, with a court martial, it's governed by the Armed Forces Discipline Act, as opposed to the Criminal Procedure Act, but the Bill of Rights still applies. "When you're doing an opening and a closing, the processes and techniques are pretty much transferable." He said suppression arguments at courts martial sometimes included matters not applicable to civilian courts, such as national security. Hodge said he didn't think the court martial would reflect badly on New Zealand's reputation. "I think there's the opposite argument that the allies could say, 'New Zealand is alert, New Zealand is sufficiently concerned about this matter and they're looking after whatever information this might be'. "While you could say, 'Is New Zealand a leaky sieve?', no, New Zealand is behaving properly and attending to the disciplinary side of a possible breach." If the soldier was found guilty next week, he wouldn't face the death penalty. This was removed from military law in 1989, but sentences for courts martial ranged from losing rank to a lengthy term in military prison. ADVERTISEMENT
Otago Daily Times
15 hours ago
- Politics
- Otago Daily Times
Espionage trial of NZ soldier shrouded in secrecy
By Jimmy Ellingham of RNZ A soldier with links to far-right groups and who is accused of spying will face a court martial hearing next week - a first-of-its-kind prosecution shrouded in secrecy for now. The Linton-based soldier's name is suppressed and so is the foreign country at the centre of the espionage case, as well as the names of some prosecution expert witnesses. RNZ is opposing these orders and a suppression hearing is scheduled for Monday morning, before the court martial begins. In late 2020, 17 charges under the Armed Forces Discipline Act were laid against the soldier, including espionage and possessing objectionable material. Since then, the case has wended its way through pre-trial hearings. RNZ has previously reported the soldier, aged 27 at the time of his arrest, was a member of far-right groups the Dominion Movement and Action Zealandia. First of its kind A similar case 50 years ago saw Bill Sutch tried and acquitted in the civilian court of espionage, for passing information to the Russians. Next week's court martial is the first military case. "I think 'unusual' is not the right term," said retired Auckland University law professor Bill Hodge about the prosecution. "I think 'unique' might be the correct term." Hodge said the suppression orders appeared extensive. "I've always been surprised that there could be information held by the armed forces, which absolutely had to be kept top secret. "There maybe information about the citizens of a foreign jurisdiction and what they're doing here, but still, that would be of public interest." Hodge said military courts were historically ahead of civilian ones on matters of justice and fairness, although they might hold concerns about making information public. "Remember, the background of a military court would concern hostilities and [be] in the face of the enemy. In that sort of situation, that sort of context, they would be greatly concerned with information that would aid the enemy. "I don't see an enemy at this moment, so I'm still mystified at what secrecy they'll be pursuing." Military panel to hear the case One difference between courts martial and civilian courts is that, instead of a jury, a panel of senior military officers hears the evidence, and decides on a defendant's guilt or innocence, and - if applicable - their sentence. In his previous career in the military, Hodge sat on these panels. "A military court is concerned with fairness, right to counsel, the insanity defence, for example, the discovery of information," he said. "One thing I could say firmly is the individual will have a fair trial, because in my experience, it's a fair system." David Pawson is an experienced court martial counsel and, in 30 years - firstly with the military police, then as a lawyer - he has never seen a similar case. "When I was a military police special investigator - that was at the end of the Cold War period - and even during that period, I was not aware of any investigation of that sort of nature. I have to say that was a new one to me." The system was robust and transparent, he said. "The court martial, in my experience, has always been very careful not to be seen as a secretive court and generally does apply those principles the same way that they do in the civil court." This meant the starting point for suppression decisions was open justice. Another experienced court martial lawyer, Michael Bott, said talking to a military panel was somewhat different to addressing a jury. "There are military values you have to take into account and also, with a court martial, it's governed by the Armed Forces Discipline Act, as opposed to the Criminal Procedure Act, but the Bill of Rights still applies. "When you're doing an opening and a closing, the processes and techniques are pretty much transferable." He said suppression arguments at courts martial sometimes included matters not applicable to civilian courts, such as national security. Hodge said he didn't think the court martial would reflect badly on New Zealand's reputation. "I think there's the opposite argument that the allies could say, 'New Zealand is alert, New Zealand is sufficiently concerned about this matter and they're looking after whatever information this might be'. "While you could say, 'Is New Zealand a leaky sieve?', no, New Zealand is behaving properly and attending to the disciplinary side of a possible breach." If the soldier is found guilty next week, he won't face the death penalty. This was removed from military law in 1989, but sentences for courts martial range from losing rank to a lengthy term in military prison.
1News
12-06-2025
- 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
11-06-2025
- 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
11-06-2025
- 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.
