An RAF doctor who refused to serve in Iraq because he thought the war illegal is to go before a court martial.

Flt Lt Malcolm Kendall-Smith, 37, will face trial, ruled a judge advocate at Aldershot Court Martial Centre, Hants.

The officer faces five charges of failing to comply with a lawful order after refusing training and deployment to Basra, southern Iraq, last June.

Based at Kinloss, Moray, he had served in Iraq but would not return after studying legal advice to ministers.

Judge Advocate Jack Bayliss, delivering his ruling, said UK troops had full justification under United Nations resolutions to be deployed in Iraq at the time of the charges against the defendant – June to July 2005.

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