22 March 2012

DFDAT issues decision in Li v Chief of Army

Today the Australian Defence Force Discipline Appeal Tribunal issued a decision in Li v. Chief of Army [2012] ADFDAT 1. The Tribunal granted leave to appeal on two grounds but ultimately dismissed the appeal.

In February 2010, Major Ting Li, who was a legal officer in the Australian Defence Force was alleged to have created a disturbance at Campbell Park Offices in the ACT. The DMP referred charged for summary proceedings but Major Li requested trial by court-martial.

In April 2011, a Restricted Court-martial was convened in Canberra. Major Li pleaded not guilty to two charges (the second was charge was an alternate charge if the first charge failed) but was found guilty of the first charge. Because the second charge was proffered as an alternate charge, no finding was made on the second charge. The Court-martial sentenced the Major to be severely reprimanded and fined $5,000, suspended as to $3,000.

Major Li appealed the conviction on numerous grounds but all were rejected by the Tribunal.

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