Federal Court of Australia
LIiADFOAT 4 UJUDGMENT No. erectus! see
IN THE DEFENCE FORCE ) DISCIPLINE APPEAL TRIBUNAL ) No. DFDAT 1 of 1993 SYDNEY )
IN THE MATTER OF: THE DEFENCE FORCE DISCIPLINE ACT 1982 AND:
THE DEFENCE FORCE DISCIPLINE APPEALS ACT 1955
LIEUTENANT COLONEL RUSSELL ALEXANDER STUART
Appellant CHIEF OF THE GENERAL STAFF
Respondent
CORAM: Northrop J. (President) Gallop J. (Member) Badgery~-Parker J. (Member)
DATE: 19 May 1994
PLACE: Sydney
ORDER
The Tribunal orders that: (1) The appeal be allowed.
(2) Both convictions~be quashed and a new trial ordered on both charges.
IN THE DEFENCE FORCE ) DISCIPLINE APPEAL TRIBUNAL ) No. DFDAT 1 of 1993 SYDNEY ) IN THE MATTER OF: THE DEFENCE FORCE DISCIPLINE ACT 1982 AND:
THE DEFENCE FORCE DISCIPLINE APPEALS ACT 1955
LIEUTENANT COLONEL RUSSELL ALEXANDER STUART
Appellant CHIEF OF THE GENERAL STAFF
Respondent
CORAM: Northrop J. (President) Gallop J. (Member) Badgery-Parker J. (Member)
DATE: 19 May 1994
PLACE: Sydney
REASONS FOR JUDGMENT The appellant appeals and alternatively seeks leave to appeal against his convictions on 12 August 1993 by a Defence Force Magistrate at
Pteah Australii, Phnom Penh in Cambodia on the following two charges:
"First Charge Loss of Service Property (as amended) 1203543 LTCOL Russell Alexander Stuart, a DFDA - s.44 defence member at Phnom Penh, Cambodia, on
24 June 1993 did lose service property, namely, one pistol 9 mm automatic L9A1 serial number T271475, one holster pistol 9 mm, 24 cartridge 9 mm ball Mk22, one vest small arms protective body armour kevlar large, which items were entrusted to his care in connection with his duties as part of the United Nationals Transitional Authority Cambodia.
Second Charge Prejudicial Behaviour DFDA - s.60 1203543 LTCOL Russell Alexander Stuart, a
"1,
defence member at Phnom Penh, Cambodia, on 24 June 1993 did behave in a manner likely to prejudice the discipline of ASC UNTAC in that he did direct 553188 SGT T.R. Hayes to secure his 9 mm automatic L9A1 pistol serial number T121643, holster pistol 9 mm cloth disruptive pattern, 24 cartridge 9 mm ball Mk22 in a motor vehicle then parked on USSR Boulevard."
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