Sunday, April 2, 2017

Rubber chicken redux

We've had several posts concerning the "rubber chicken" case in Australia, most recently here, from last December. There was another decision on March 27, 2017, about which Greg Hogan has just commented. Since comments on older posts tend to be buried, we are cross referencing it. You can find Angre v. Chief of Navy (No. 3) [2017] AFDAT 2 here. appeal. The tribunal's conclusion:
It was not in dispute that, in the event that the appeal were to succeed, the proper order was one pursuant to DFDAA s 24 for a new trial. Whether, having regard to the outcome of the trial that proceeded against two of the co-accused, the surviving plea of guilty in respect of Charge 6, and the protracted proceedings in which Able Seaman Angre has been entwined since 2014—including the original Court Martial, the proceedings before the Chief Judge Advocate (which occupied 11 days), the interlocutory applications to this Tribunal, the Chief of Navy’s appeal to the Full Federal Court, and ultimately the hearing of this appeal (over four days)—his involvement as an Able Seaman five years ago in the events of the so-called “Last Night at Sea” ceremony in 2011 is such as to justify his being put on trial again, is a matter for the discretion of the DMP.
Global Military Justice Reform is not an online betting site, so no odds are offered as to whether the DMP will try again. Still, it seems a case of diminishing returns.

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