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, raised in New Zealand and has dual British-New Zealand citizenship.He was the first British officer to face criminal charges for 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. Four of these relate to him refusing to carry out preparatory training with the final charge relating to his refusal to deploy to Iraq.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."Kendall-Smith was found guilty on all five charges of disobeying orders, sentenced to a penalty of eight months in prison and ordered to pay £20,000 costs.