22 November 2011

DFDAT releases opinion in Low v. Chief of Navy

Today the Australian Defence Force Discipline Appeal Tribunal released its decision in Low v. Chief of Navy [2011 ADFDAT 3] which was an appeal in a court-martial conviction.

A Restricted Court-martial was convened in March 2011 to try the Navy petty officer for an incident occurring in Papua New Guinea which included allegations of the commission of the act of indecency against a fellow sailor, assaulting a subordinate, use of insulting words in a public place, and prejudicial conduct contrary to section 60(1) of the Defence Force Disciplinary Act. The petty officer was found guilty pursuant to his pleas of two charges and after a trial guilty on the first count.

The appeals tribunal did not grant leave to appeal four grounds, but granted leave to appeal on the ground the conviction was unreasonable or that it cannot be supported by the evidence. However, the tribunal rejected that contention.