NZ Iraq refuser 'not conscientious objector'

The New Zealander refusing to serve a third tour in Iraq for Britain's Royal Air Force is prepared to go to jail over his belief that the war is illegal.

Flight Lieutenant Malcolm Kendall-Smith, who has dual New Zealand and British citizenship, is five years into a six-year contract as a doctor with the Royal Air Force.

He has already served in Afghanistan and on two trips to Iraq but is now facing a court martial after refusing to travel to the troubled Middle Eastern country for a third time.

His lawyer Justin Hugheston-Roberts said today Flt Lt Kendall-Smith would "judicially question the constitutional legality of the invasion".

Mr Hugheston-Roberts told National Radio Flt Lt Kendall-Smith had considered his position carefully before deciding to make the case. "He is not saying he is a conscientious objector," Mr Hugheston-Roberts said.

"He will be arguing that the war was manifestly unlawful and he will be seeking a judicial ruling on that question."

Mr Hugheston-Roberts said the case would be a difficult one. "It's going to raise profound issues and questions on international law."

- NZPA