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the family of Malcolm Kendall-Smith It is astounding to think that in 2006, in a democratic society, an Assistant Judge Advocate - Jack Bayliss - could have the arrogance to deprive a person of the right to a fair trial. The gagging order brought down prior to the GCM disallowed the defendant's honestly held belief, and deeply researched defence, to be heard. The severity of the sentence was disproportionate to the action taken by the defendant, and in the fullness of time may well prove to be the undoing of both the representives of the tribunal and of the persons responsible for taking your country into Iraq without the necessary mandate from the UN. The revealed documents relating to the original advice from the Attorney General at the time of the invasion, had every relevance to the defence, and yet were seen to be irrelevant by the same Jack Bayliss. Throughout the entire proceeding he demonstrated a bullying attitude which seemed to come from a fear of being challenged in any way. It is questionable whether this person was appropriate to facilitate such a court. As families of those serving in the Armed Forces we all understand the risks associated with their work. This we can accept. However, there are times when it becomes apparent that these people are placed in situations not in accordance with international law. The real humanitarians are those who challenge such situations in order to save unnecessary loss. Our family joins in thanking all those who are showing their support for Malcolm. It is greatly appreciated. Our best wishes to you all Margaret and Ian Kendall-Smith |