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The Court of Appeal dismissed an appeal from the military court martial, upholding convictions against a member of the Defence Forces arising from disorderly conduct and sexual assault during a peacekeeping mission overseas. The appellant had argued that trial procedures were unfair due to (1) the admission of psychiatric evidence by a prosecution expert after the close of the prosecution's case, which he claimed was irrelevant, and (2) the exclusion of photographic evidence of his injuries. The court found that the expert evidence was relevant given the defence's reliance on insanity and dissociative state, and that the trial judge was correct to exclude photographs with unproven provenance and questionable evidentiary value. As a result, the original convictions and sentences, including suspended sentences and fines, were affirmed.
Court of Appeal – military court martial – insanity defence – fair procedures – admission of expert evidence – exclusion of photographic evidence – disorderly conduct – sexual assault – Defence Forces – peacekeeping mission – Criminal Law (Insanity) Act 2006 – Defence Act 1954 – suspended sentence – appeal dismissed
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