Linton Soldier Accused of Espionage to Face Court Martial Next Week

A soldier based in Linton, New Zealand, who has been linked to far-right groups such as the Dominion Movement and Action Zealandia, is set to face a court martial hearing next week. This marks the first time in recent history that such a prosecution has taken place under the shadow of extensive secrecy and suppression orders.

The accused is charged with 17 counts under the Armed Forces Discipline Act, including espionage and possession of objectionable material. The case has been shrouded in secrecy, with suppression orders preventing the disclosure of the soldier’s name, the identity of the foreign country involved, and the identities of some expert witnesses.

Public Interest vs. National Security
Legal experts have expressed concern over the level of secrecy surrounding the case. Retired law professor Bill Hodge noted that while military courts have historically been fair and transparent, the suppression orders in this case are unusual and may raise questions about the balance between public interest and national security.

Unprecedented Nature of the Case
Experienced court martial counsel David Pawson described the case as unprecedented, even in the context of the Cold War. He emphasized that the military court system is designed to be robust and transparent, with suppression decisions based on the principle of open justice.

Court Martial Process
The court martial will be presided over by a panel of senior military officers rather than a civilian jury. This structure is typical in military courts and ensures that the proceedings are aligned with the unique responsibilities and considerations of the armed forces.

Possible Outcomes
If found guilty, the soldier will not face the death penalty, which was abolished from military law in 1989. Possible sentences range from demotion and loss of rank to a lengthy term in a military prison. Legal expert Michael Bott emphasized that suppression arguments in military courts may include considerations not typically found in civilian courts, such as national security concerns.

Suppression Hearing Scheduled
A suppression hearing is set to take place on Monday morning ahead of the court martial, with RNZ opposing the current suppression orders. This hearing will determine whether the confidential information can be disclosed to the public or must remain protected under national security grounds.

Public Concerns and Legal Transparency
While the military court system is designed to uphold justice, the level of secrecy in this case has raised questions among legal experts and members of the public. Some have called for greater transparency in cases involving national security, while others have acknowledged the necessity of protecting sensitive information in certain circumstances.