Military Justice Legislation Amendment Bill – Second Reading – Video 12
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Military Justice Legislation Amendment Bill – Second Reading – Video 12


who arrived in the house today okay I called Luis O’War tiene create among IOT fer de tena koutou katoa it’s my pleasure to speak on this the second reading of the Military Justice legislation amendment bill as a member of the Foreign Affairs defense and trade Select Committee and I just want to highlight one aspect of this bo actually and it’s the matter of principle that this government believes that the military justice system should grant to our armed forces personnel the same rights enjoyed by civilians in the criminal justice system and so in wondering why we would state that which is the intention of this piece of legislation I found some international research and it was a by Annie willie doll from Onslow university and it was published in 2011 and it’s called international trends and military justice and and the interesting thing and all of us actually seems for a year from a European Court of Human Rights case called Finlay versus the UK dated the 25th of February in 1997 and essentially was a challenge to the independence in impartiality of the court-martial system and a challenge to the UK Army act of 1955 in this particular case and I think we all should know where the history of philosophies come from and changes come from but in this case the governing officer who played a central role actually decided what the charges were he convened the court-martial he appointed the members in prosecuting and defending officers all military personnel were subordinate to his rank as conferring officer as convening officer sorry and so this whole Human Rights case in their European Court of Human Rights was about conflicts of interest power in the military actually having a system that would did not uphold this individuals rights as a civilian so if he’d gone through a civilian court obviously we take care of conflicts of interests we make sure that people are adequately represented these fairness and justice and the system and so the reason I highlight that is because it seems that all the changes in the criminal and the military justice system aligning the military justice system and it actually has gone through several iterations actually and speaker from courts martial convened for individual cases standing military courts specialized civilian courts general civilian courts and peacetime to now which is kind of like this intersection between a standalone military our what I would call normal normal and ordinary court system but they’re coming together of those to uphold these principles which is that people deserve the right to be heard to be represented and a fear in just way but also central to everything we do now is putting victims at the center of a criminal justice system where we are innocent until we’re proven guilty and so this piece of legislation that has gone through the Foreign Affairs defense in trade sleep committee actually made no recommendations but with a caveat that Lee does have to be a cross-reference between our legislation in the courts meters bill that is going through this Parliament at the same time and so then maybe an SOP introduced by the minister at committee stage we’re fully aware of it as a committee so I won’t speak any longer other than to commend the bill to the house Kilda I call howdy to he panel thank you look I stand to attention to take this call on

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