A hushed courtroom watches as a handsome Navy lawyer winds up the belligerent Colonel Jessup. “I want the truth,” he thunders. “You can’t handle the truth,” comes the infamous response.
Okay, so real military trials may not contain the same drama as those in the film A Few Good Men but from 1 July 2009, a permanent independent Court-Martial will be established to replace the temporary Courts-Martial run by military commanders. And that’s just one of the changes coming into effect for the New Zealand military justice system.
All members of New Zealand’s regular forces and officers of the reserve and territorial forces are subject to the military justice system 24 hours a day, seven days a week. Ratings, soldiers and the airmen and women of the reserve and territorial forces are subject to the system when they need to be, for example, when they’re on duty.
In the civilian world, we wouldn’t expect to be fined or given extra work if we were late to the office, but that’s exactly what can happen under the military justice system with laws covering offences such as absence without leave (AWOL), drunkenness, disobedience, failure to comply with written orders, insubordination and negligence, as well as more serious offences under military and civilian law.
The system is in place to ensure good order and discipline but as expectations of justice have changed and human rights legislation has been enacted, defence forces around the world have had to update and modernise their military justice systems.
Commander Chris Griggs was the architect of modernising the New Zealand system and explains that the system creates a fairer, more consistent process across all three Services in New Zealand.
“Under the current system a young Army or Air Force recruit can be tried by a superior officer with no-one to speak up for him or her and no right of appeal to a higher court,” says Commander Griggs. “Under the new system all Service members charged with an offence will be represented by defending officers, if they want to be, and they’ll also have the right to appeal to the Summary Appeal Court of New Zealand, which will consist of an independent civilian Judge who can, for example, overturn findings or reduce the punishment.”
Officers at all ranks below Rear Admiral, Major General and Air Vice Marshal can also now be tried locally at their base or camp by their Commander. This will save time and money as the formal trial by Court-Martial will now only be used for the more serious offences.
The changes had to be enacted by Parliament and the comprehensive consultation conducted with staff across the three Services, as well as with the Ministry of Justice, the Crown Law Office, the New Zealand Law Society and military law experts across the world meant that the legislation was passed with the unanimous support of all political parties in the House.
“Our society has changed and members of the Armed Forces today expect to be able to exercise their rights,” says Commander Griggs. “I think that the current system has served the cause of justice and discipline in New Zealand’s armed forces well over the past quarter of a century. However, there is general recognition both inside and outside the Defence Force that the new system gives every officer, sailor, soldier, airman and airwoman a fairer go.”