23 June 2011

DFDAT dismisses Army Major's appeal

The Australian Defense Force Discipline Appeal Tribunal dismissed the case of Green v. Chief of Army [2011] ADFDAT 2.

In 2009, a general court-martial found Major John Green guilty of one count of knowingly making a false statement and three counts of obtaining financial advantage by receiving payments to which he was not entitled to.

Major Green appealed the court-martial conviction on two grounds: the Judge Advocate had erred in ruling that the "honest claim of right" defence was not available and the conviction was unsafe and unsatisfactory having regard to the evidence.

The DFDAT, Justices Tracey, White and Duggan rejected Major Green's appeal and ordered it dismissed.

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