No civilian court for military crims
Figures show more than 20 court martial cases that could have been passed to civilian courts. Kirsty Lawrence reports.
Nearly two dozen military personnel have faced charges of indecent assault and rape in the past two decades, newly released documents reveal.
And while the majority of them were eventually found guilty, hardly any of them saw the inside of a prison cell and none of their crimes ended up on their civilian criminal records.
The Sunday Star-Times last month revealed how Corporal Corey Kennett spent six months in a military prison after being convicted of indecent assault but later managed to work at several companies, including a law firm, without anybody picking up on his criminal history.
But Kennett’s circumstances are not unique. New Zealander Garry Clayton, is a former lieutenant colonel who was found guilty of two charges, including indecent assault, in a court martial in 1996. After leaving the military, Clayton, who holds a PhD in historical military strategy and policy, went on to a succedssful academic career and is vice-chancellor of the DRBHicom University of Automotive’s in Malaysia.
Clayton initially faced four charges, two of indecent assault under the crimes act and two of doing an act likely to prejudice service discipline under the armed forces discipline act.
He was found guilty of one indecent assault charge and one armed force discipline charge.
According to the summary of facts, Clayton approached a woman at the Army Memorial Museum and put his hand on her knee before running his fingers up and down the inside of her leg.
After she tried to move away he asked her ‘‘are you trying to tell me I can’t sexually harass you?’’, to which she replied, ‘‘Yes.’’
Later in the night Clayton put his arm around the woman and fondled her before moving his hand up under her shirt at the back and undoing her bra.
Character references were supplied at court martial by Military Police, Deans of Faculties and fellow senior officers, portraying a man who had made a ‘‘very, very large contribution of life to the army’’.
Clayton’s only punishment was being demoted to the rank of major ‘‘with seniority’’.
He could not be contacted for comment on this story, but has previously maintained his innocence.
Since 1991 there has been 144 court martials held in New Zealand.
Information released under the Official Information Act showed of those, 22 had charges that could be transferred to a civilian court.
These included indecent assault, common assault and unlawful sexual connection, amongst a variety of other charges.
Punishments and findings varied, with one indecent assault charge in 1996 finding the offender not guilty as they were ‘‘sleep-walking’’ at the time of the incident.
Many sentences were also quashed on appeal and reduction in rank appear to be the most common punishment.
A Defence Force spokesman said this was considered one of the more serious punishments available for the court martial.
‘‘It is a serious punishment in the military environment, and carries both financial and career progression consequences.’’
This serious punishment however, doesn’t extend outside the military, as unless the conviction makes it on to their civilian record, it would not come up in a police check.
He said the decision to prosecute charges through civil court depended on a range of factors.
‘‘Commanders are issued guidance on the decision to try in the military or civilian jurisdiction.’’
But the Defence Force did not have authority to try serious offences in New Zealand without the approval of the Attorney-General, he said.
Labour defence spokesman Iain Lees-Galloway said the ministries of Defence and Justice needed to work together on the issue.