The new Australian Military Court, a centrepiece of reforms to the military justice system, has been declared constitutionally invalid.
High Court judges have unanimously ruled that legislation establishing the court required it to exercise the judicial power of the Commonwealth.This was despite it being specifically declared not to be a court under the constitution and that it was to operate more in the manner of a tribunal.
For that reason it was constitutionally invalid, the judges said.
The decision means a former sailor, Brian Lane, won't face trial before the military court on charges of committing an act of indecency and assaulting a superior officer.
The High Court ordered that a writ of prohibition be issued barring the court from proceeding to try the charges against Mr Lane.
The charges relate to incidents in August 2005 when he was alleged to have been photographed placing his genitals on an army sergeant's forehead - a practice known as "teabagging" - while the sergeant was asleep.
Wednesday, August 26, 2009
Teabagging case results in Australian military court being declared invalid.
I always knew teabagging would be the end of the rule of law. From News.com.au:
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Always knew I didn't want to be a military man.
Do you think all of the GOP "teabaggers" who were protesting earlier this spring/summer know about the true meaning of this phrase? (Rachel Maddow and Keith Olbermann were relentless with the double entendre!)
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