Soldier’s charges dismissed

Press, 10 November 1981, Page 15

Soldier’s charges dismissed

PA Auckland A New Zealand soldier found guilty in a court martial of procuring and smoking cannabis at Singapore this year has been released from detention by an appeal court. A Courts Martial Appeal Court, under Mr Justice Speight in the High Court at Auckland, dismissed five of six charges brought against Private Phillip John Smith of the Royal New Zealand Infantry Regiment, Singapore. Four charges of procuring cannabis, a class C con-, trolled drug, and one of smoking it, were dismissed. One charge of procuring, the only charge to which Smith had pleaded guilty, was confirmed. His Honour said a sentence of seven months detention, imposed on the six charges on August 14, was too severe for the one charge remaining.

The sentencing was reduced to one of 84 days, a period which his Honour said was “deliberately calculated” so that it would expire after the hearing. For Smith, Mr Grant Illingworth said there was no evidence of analysis of the drug put before the original court martial. The main prosecution witness had been arrested by the Singaporean authorities and was awaiting trial. Use of such a person as a witness was a breach of normal principles, Mr Illingworth said. In addition, he said, there was no evidence that Smith was more than a spectator or that he intended to assist or encourage principal offenders. The Judge-Advocate at the court-martial had misdirected the court, Mr Illingworth submitted, on the law relating to parties to an offence and corroboration.