Sunday, November 2, 2014

Disciplinary hearing before the officer whose order was violated

From Australia, we learn of a raucous night, capped by the summary trial of an corporal for violating the commanding officer's order that the bar staff remain fully clothed. Small problem: the giver of that order was also the officer conducting the disciplinary hearing. Held, punishment set aside. Read all about it in The Australian:
During a disciplinary hearing, [Lieutenant] Colonel [Michael] Bassingthwaighte found the corporal guilty of this breach, stripped him of his rank and sentenced him to 14 days detention.
After serving his time in a cell at Sydney’s Holsworthy Barracks, the corporal lodged a petition against his conviction with a ­senior army officer independent of 2RAR. This review found flaws with the legal advice provided to the battalion’s commanding officer, including that he should not have been able to pass judgment on a charge of disobeying his own order. The corporal’s sentence was quashed and his rank reinstated.
“The issues regarding the legal advice provided … are now a matter for training and professional development,” the military spokesman said. The Aus­tralian Defence Force declined to say if the corporal had ­returned to 2RAR, citing privacy legislation, although The Aus­tralian understands this is the case.

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