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OF SUPPORT FOR MALCOLM KENDALL - SMITH Please note: The comments on this page reflect the views of their authors. All messages will be passed on to Malcolm's solicitors. It is a comfort to me, a mother and a grandmother, in this dark age in which we live, to see a member of the armed forces obey the demands of his conscience and speak truth to power regardless of the consequences. We see today so few examples of such courage displayed by our leaders or politicians. His trial was a travesty of justice and if we do not protest such injustice then what will become of us? Sheila Simpson Well done Malcolm! Good on ya mate - from Mark in Brisbane, Australia. This ANZAC Day, 25th April, we remember Australia's second military death of the Iraq war, Private Bruce Kovco, and hope that our forces are brought home soon. Mark Taylor Not many people have the courage to do what is right. Malcolm, you've shown that you are one of those rare people and you have my respect for that. In this respect, your behaviour has shown up the behaviour of those who are so wrong, and that is a very valuable thing at this time. Thank you for having the courage to do what is right and for taking such a stand. I know that for you it is a personal thing. But it is so important to be able to see some one, some where, is still behaving appropriately, and the effect of that should not be underestimated. I am just so glad, that it you have established this site! Thank you. Have been following this case with great interest. Kendall Smith deserves a medal, not imprisonment. I would do a lot to help him in any way I can. We need people like him. He should be in government, not Bush or Blair. Dear Malcolm Please do not lose faith, persecution and being maligned for ones sincerely held beliefs are potent forces for change. Sadly your commission and military career are at an end and your own description of what being a Doctor and Commissioned Officer meant to you evidences the sense of great loss and great sacrifice that you have been compelled to make. Despite the efforts of your court marshal board to malign you does nothing to diminish the stand you have taken, clearly the board sought to suggest that having served previously on operations prior to a UN mandate, that you were aware or ought to have been aware that since a fresh UN mandate has been [some would say reluctantly, grudgingly and belatedly] issued, that your refusal to deploy this time amounted to an unlawful act. The board failed presumably to see that they in fact inferred that prior to the issuance of the new UN mandate that intervention and military action was unlawful and why? Because the board placed great onus and premise against the UN mandate, and yet they failed to see the huge contradiction in their comments because we intervened in Iraq without a clear mandate for doing so. To what purpose does military law provide to every serviceman and woman the obligation to discern orders issued to determine whether in fact the order is lawful or not? To obey an unlawful order is to make yourself liable and guilty, as guilty if not more so than the person issuing such ill conceived and unlawful orders. What was reported of your court marshal in Aldershot was either scant or if representative of proceedings, evidences that you hearing was farcical in the extreme. Prior to your hearing, the media had already reported your upcoming case reasonably well. How you had deployed several times previously, but how, as a learned and educated man, you had become concerned about the legalities of these operations and how you had set yourself the task of studying both national and international law, military law and various international conventions, the absence of a UN mandate for intervention and invasion, the intelligence evidence which was cruelly spun to suit the occasion and the Attorney General's deliberations on the legal case for war. How you had carefully weighed all these factors together to come to an objective and reasoned belief that our involvement in Iraq was unlawful. The board made much of the fact that you could have gone to your superiors and explained your position and should to be relieved and another Officer sent in your stead. But they sought to erase the fact that had you done so would still amount to a dereliction of your duty and your obligation under military law that if you sincerely believed that the conflict was unlawful then you are obligated to speak out and highlight it. Surely this was not just a matter of ensuring that you were not deployed because you contend that it would be unlawful to do so, what about your duty of care as an Officer for those under your command? Your sacrifice is huge Malcolm but you have to go on believing that it has not been in vain, you have taken a stand and the investment will pay dividends in time to come be sure of that. Your actions have challenged and will go on challenging those still serving to search their hearts and minds to determine their own positions. They have sought to disgrace you and criminalize and demonise you by dismissing you from the service you loved and placing you inside the criminal justice system in prison alongside those more deserving to be there. But the real criminals are those who decided to depart from long standing conventions that the world has no legal rights to intervene in the internal affairs of sovereign states and nations no matter how unsavoury their regimes might be. If that were to be the moral case for intervention why are coalition troops not deployed in Zimbabwe and countless other states and countries? The real criminals are those who took intelligence assessments and spun them to suit the occasion. Bush spoke openly and unashamedly of 'regime change' before Blair visited Washington and committed the British to stand alongside our US allies. Bush's assessments of the case for intervention and regime change came from a typical American closeted naivety and a desire to lash out at all those organisations, states and countries that held anti-American views following 9/11. There never was any evidence that Saddam was supplying or encouraging Bin Laden and his followers, but Bush, because of flawed advice from his 'advisors' decided to include Iraq in their global war on terror. It was only when Blair arbitrarily aligned the British in the American Administrations flawed determination to effect a regime change in Iraq that the need arose 'to make the case fit' otherwise Blair could not carry the House of Commons with him. The UN failed to deliver the much demanded fresh and unambiguous mandate for intervention in Iraq. Blair desperately needed something to persuade and carry the house and so the intelligence assessments were spun out of all proportion to infer possession of weapons of mass destruction and a determination to deploy and use them to justify sending the British Armed Forces to war. Criminals, liars and deceivers, they are the ones who deserve to be sitting in prison cells. And what of the Joint Chiefs of Staff who carry the awesome burden of balancing and weighing the royal prerogative invested in them? Why did they simply blindly acquiesce to the political decision without discharging the duty of care to weigh the case for war? Their dereliction of duty surely means that they too are accessories to the illegality. Surely Malfeasance and misfeasance of office are of themselves a criminal and moral crime. The Government, the Chiefs of Staff and senior military commanders have an awesome burden, if they possess the right to deploy our troops, they also carry a very heavy burden and duty of care to ensure that when they put these loyal men and women in harms way that they do so with legally and carefully. Putting these men and women in harms way requires those with the authority to do so, to ensure that they have the rule of international law on their side, that they have a clear objective and exit strategy. No Malcolm, you are not the criminal and bars and gates will never serve to prove you are, the real criminals are those whose bars and gates lay in the hearts and minds of ordinary people. Time will judge you to be a morally, thoroughly descent and honourable man. The evidence that you are right and they are wrong can be seen in the dwindling numbers volunteering to serve in the armed forces, particularly the Army and in the gathering storm clouds of service families that are becoming increasingly frustrated and angry as their loved ones are treated as expendable commodities in a dictatorial and cavalier fashion. You are a prisoner of conscience Malcolm, keep your morale up and take comfort in the fact that there are countless numbers of people who agree with you and support you and will come to support you. Details witheld Ex Royal Signals & Light Infantry Congratulations to Malcolm for his courageous stance against the army bullies and MoD mandarins who have sent him to jail for his resistance to further participation in an ilegal and immoral war. When he comes out of prison, I do hope he will speak at public venues about his ordeal and the need for ordinary people to speak out against the war. IAN MCDONALD A true hero and a real man. Please stay strong at this difficult time. I hope these words will be of some comfort. The government are looking weaker and weaker with each passing day, with the terrible injustices they commit to our loved ones. No solider should forfeit their right to life because they are in the military. Please be proud of what you have done. Ilost my brother in the hercules crash Jan 05 at the hands of Blair and due to the penny pinching ways of the government. You are not forgotten. Sarah Joanne Chapman Flight Lieutenant Dr. Malcolm Kendall-Smith is a name I'll never forget. You, sir, are a shining example of what it is to be honourable during a time when it is sadly extremely difficult to be so while still wearing a British military uniform. That is one of the very few tragedies even more significant than your own wrongful imprisonment. May the time pass swiftly. You should know that you would be welcomed as a true hero in my home and countless others throughout this country. You have our respect, our support, our pride and our admiration. Despite it being one of the hardest to follow, your chosen path is the right one. The uniform you now wear is worth infinitely more personal pride than your old one. Dear friends I am writing to express my admiration for the courage of Flt.Lt Malcolm Kendall-Smith in his stand against the illegal war. I hope he will receive all the moral and financial help that he deserves. What right had the bullies that rule over us to support the Americans in their adventure. It is so wrong and so sad that the Americans are behaving like the Nazis. We must all voice our opposition to the evil things that are going on in the prisons of Iraq and in Guantanemo Bay. Of course Saddam Hussein and his fascist thugs were terrible but does that mean the Americans have to emulate them? You can tell a lot about people by the company they keep - what kind of Prime minister goes on holiday with Berlusconi and imprisons conscientious objectors! I wish I could boycott the U.K. I'm ashamed to be British. Thank you for campaigning. Liz Brandow I write to express my support. I am a London solicitor appalled at the increasing curtailment of centuries-old rights and freedoms in our country by a government which cannot even accept the inflammatory effect of its illegal war on Iraq on domestic security issues.One price of Blair`s robotic obedience to the arch-Moron in Washington is a corruption of the morale of our armed forces.Only truth and conscience such as that demonstrated by Fl Lt Kendall-Smith, can show our cowardly,cynical, amoral -and usually incompetent-leaders, a better way. Daniel Rubinstein I fully support the action of Dr. Kendall-Smith. The action in Iraq is not only illegal but I despair at the way in which it is radicalising not just the youth in Arab countries, but middle class, middle aged, educated, professional Arab women who are wives and mothers. If more military people took his stance, it would immediately calm down the situation in the Middle East and make people understand that this war was on behalf of Western leaders and not on behalf of Western people. Judith Brown Dear Malcolm Kendal-Smith We are both in awe of your bravery in taking your stand against this illegal and immoral war. You have shown what true courage is, and in doing so have also shown up the cowardice of Blair and his government, who send people to kill and die as a result of their lies, when they are the ones who get off scot free and neither shed their own blood or see that of others spilt. We feel for you so deeply as you are paying the unjust price for standing up for the freedoms of all of us. It is a terrible sentence, and we will both continue to think of you, in deep gratitude and admiration. Michael Bentley and Angie Roche No wars! Malcolm Kendall-Smith is hero of peace! Dear Friends I write to add our voice to the chorus of concern and dismay at the provocative and flagrantly unjust sentencing of this brave and decent New Zealander, who is clearly as widely respected within the armed forces as he is in the wider world. The corrupt judiciary does itself no favours by endeavouring to overturn the important principles established at Nuremberg, while our disreputable government tries to set aside the Geneva Convention. There is absolutely no doubt that history will vindicate Malcolm's principled and honourable stand against the forces of fascism and aggressive oppression. Please convey to him our deepest sympathy and support. With kind regards, Rev Robin Scott MA(Oxon) A big thank you to Malcolm Kendal-Smith. We admire you for sticking up for your rights. Iraq is an unjust war and none of our men should be there. Prison is not the place for you, as you are a gutsy person. Take care Malcolm we will be thinking of you. Parents of Sgt.John Jones, killed in Iraq 20.11.2005. Fl Lt Dr Malcolm Kendall-Smith is a true hero - the criminal who should be tried and jailed is in No.10. His cowardice and servility placed this country's people in the firing line, as seeming supporters of an unjust, illegal and brutal war. This man needs to be released from prison along with ALL our troops from Iraq along by the removal/impeachment of Blair....in any particular order. In the face of the most powerful peer pressure and loaded (in)justice system, you have made a heroic and principled stand. I honour you and support you. You are not alone. Dearest Malcolm Kendall-Smith, I want more military people to do the what you are doing. We people who live in a democracy have thousands of chances and responsibility to say NO to authorities when they are asking us to commit crimes for them, and Iraq is a war based on lies after lies and it is illegal. You have done the right thing now and you are putting it up so clearly how utterly mad our world is today when a person say?s NO to participating in an illegal war ends up in prison. It is Blair and Bush and all the people behind them who should be charged for this illigal war based on lies. The fact is no matter how many plans for military attacks Blair and Bush etc have these people can only implement them thru military people like you. So you are breaking that chain and I want to say THANK YOU FOR THAT, I want more people to do what you are doing. I wish you and your family all the best, you have my full support! To Malcolm Kendall-Smith: Your actions are 1000 times more courageous than the actions of the US/UK occupying forces in Iraq. You are the real hero. I think Malcolm Kendall-Smith has been courageous in his stand, and the treatment of him has been disgraceful. The argument that he made his objection after the UN had authorised the presence of our troops is an outrageous misrepresentation of historical facts, in that the UN did not sanction the war and Kofi Annan quite clearly declared the invasion an illegal act. Once it had taken place despite all protests, the UN was forced to recognise a fait accompli and acknowledge that the occupying forces needed to be given a mandate for sorting out the mess that they had made (if nothing else), simply to get the country under control and to allow humanitarian aid etc. That is a long way from "sanctioning" or "approving" or "absolving" or "retrospectively authorising" the original actions. It simply recognises the need to authorise the forces already in the country to finish the job that they had (illegally) started, so to quote the UN as having authorised the invasion after the event is incorrect and a shameful travesty of the truth at that. To use this travesty as an argument against Mr Kendall-Smith is either disingenuous or downright dishonest. He should - despite the UN's acknowlegement of the fait accompli - be entitled to object to taking part in what he regarded (correctly in my view) as the continuation of an illegal war and occupation, and I hope that his conviction today can be overturned on appeal; he should not be punished in this way for taking a principled stand on this issue. Let us hope that a further inquiry can be established into the events leading up to the war, and that as a result, sufficient grounds will be identified to impeach Prime Minister Blair. Service personnel recognise that they have obligations to Queen and country as a result of their acceptance of their service commitment and contract, but this should not be taken to imply that they should be required to obey all orders regardless of international law, or morality issues which conflict with their personal consciences. It would be better for all of us if more (or all) politicians had more robust consciences. My heart reaches out to Flt Lt Kendall-Smith. I wish more soldiers (British or US) were as brave and principled as you to say no to wars they do not believe are just and legal. I wish you good luck for your bravery. I am not from the UK, and not even from the US but I am against the wars in Iraq, Yugoslavia and Afghanistan. Sorry for being here but I can't help but to let out my support for this very brave, highly-moral young man! THANK YOU, Lt. Kendall-Smith! I support your actions without reservation and wish you all the best in your coming battles. I have been very moved by Malcom Kendall-Smith's bravery and shocked by the sheer political mendacity of the "trial" he has just gone through. I believe his actions are a large public step towards some kind of justice and I hope he has inspired some of his colleagues. I would like to offer my support to Malcolm Kendall-Smith in his resistance to returning to fight in an illegal war against Iraq. Good luck. Dear MFAW, In the pre-trial hearing concerning the RAF officer Mr M.Kendall-Smith the Judge advocate Jack bayliss has ruled that examining the legality of the war would not be permissible at the court martial. If that is the case then do we have a kangaroo court in session?. This judge cries that he will not allow Mr Kendall-Smith to give a diatribe on international law then what will he give him?. It seems obvious to me that this judge is batting for the government and the military and if the five officers on the panel are career minded i can`t see them being impartial either. If Mr Kendall-Smith can`t tell this court martial why he took the stand he did without Judge Bayliss crying like a spoilt brat angrily interrupting saying: " I will not allow this court to be used as a grandstand and i am determined to keep to the relevant issues", then what chance does he have other?. So what are the issue other than the fact that Bush and Bliar`s war was illegal and a war of aggression againt a defencelless Iraqi people where the gloating of "shock and awe" was followed by an orgy of Anglo-US state terrorism. Mr Kendall-Smith objected to the illegality of the war and that should be the issue at stake not the crying of a arrogant judge unfit to sit even at a children`s party let alone a court martial. The issues for this judge who i will confidently say is a war pimp is that he and the top brass taking orders from the Rev.Tony Bliar,war criminal,failed Christian serial liar and his senior war mongering MPs do not loose this case as the implications may be far reaching. I wish Mr kendall-Smith well but it does not bode well in a Kangaroo court. Unto Prime Minister Tony Blair,Political Legeslator, Offices, Ministers and Officers of the Crown. My name is William Leitch, and as many of you will know I am the auther of the story titled "Suicide Mission to Order" that can be found by clicking on the following website:- http://www.thehmsconsort.co.uk Within that story I relate specifically to the date 26th April 1949 when the late Prime Minister, Clement Attlee, made a public statement within the House of Commons concerning the first major incident of conflict at a time when this nation was at peace, an incident that took this nation to the brink of a Third World War. On the 26th April 1949 Clement Attlee, by deceit and deception lied to this nation and the House of Commons in order to cover up the wrongful acts and omissions that caused and brought about the Yangtze Incident of 20th 21st April 1949. Come, April 26th 2006 fifty seven years will have gone by since the time of Attlee's Public Statement regardin the Yangtze Incident having been made within the House of Commons and still no Remedy or Reparation has been found to or for the Wrongful Acts and Ommission, for those who suffered as a result of the Yangtze Incident. Being that the 26th April 2006 is one of the dates set for that termed Prime Ministers, Question Time, and the date set for the Lobbing of Parliament by Military Families Against War, perhaps some Member of Parliment might consider asking the Prime Minister the following questions;- Does the Prime Minister accept that under the Statutory Impliments provided within the Crown Proceedings Act of 1947 that he as the Crown's Prime Minister is liable for his wrongful acts and ommissions while purporting to perform his duties? And if so does the Prime Minister accept that whilst purporting to perform his duties he did by wrongfull acts and ommissions commit this nations Military Forces to War in Iraq upon or unde false pretexts ? Yours Sincerely, William Leitch. To Malcolm Kendall-Smith We applaud your bravery. It must have been harder to say no that to go to Iraq. All the best To Malcolm Kendall-Smith Just a quick note to congratulate you on your courageous stand on the principles of the Nuremberg Charter and its application in the Iraq war. Good luck in your continued struggle. Dear Malcolm Kendall-Smith and supporters, I greatly admire what you are doing and the stand you are taking against the illegal war in Iraq! You are one of the true heroes in this whole messy episode. Our household sends you our best wishes. Thank You, Sean Scullion |
| HELP
PAY MALCOLM'S COURT COSTS Malcolm has been ordered to pay £20,000 costs. MFAW has set up a special fund to help cover this. You can donate by clicking the button below Malcolm Kendall-Smith page Messages of support 1 Messages of support 2 |