Posted by NEWS on 7/10/2004, 22:31:31 Aircraftsman and medic Mohisin Khan had gone to the High Court in London in an attempt to overturn a RAF conviction for going absent without leave. But the judges, sitting in London, decided the RAF had been correct in prosecuting and fining Khan nine days' pay and seven days' privileges. Lord Justice Rix and Mr Justice Forbes ruled Khan had not followed the proper procedure for registering as a conscientious objector even though he was aware of the rules. They said Khan went AWOL "before any indication whatsoever of any conscientious objection, despite every opportunity of making his concerns known". "He never formally applied to be treated as a conscientious objector prior to his arrest, prosecution or at any relevant time," they added. The 25-year-old aircraftsman and medic, from Ipswich, had been a member of the RAF for two years before leaving and signing up as a reservist. During training for the Iraq war, between February 24 and March 5 last year, he went absent without leave. A RAF Summary Appeal Court upheld the disciplinary measures. But Khan's defence argued in court that he was a conscientious objector to the Iraq war because he could not fight against fellow Muslims. They said Khan had held a "genuine and deep belief" that the pending war was wrong and contrary to his religion. His defence had argued that there had been interference with his right to conscientious objection. But the judges ruled there had been no interference with his rights. There could be no breach of his "right to manifest his religion" under Article 9 of the European Convention on Human Rights by being arrested and "very mildly punished" for being AWOL, they said. Khan's defence lawyer, Justin Hugheston-Roberts, told Sky News after the case that his client wanted to take the case further.
AIRMAN LOSES IRAQ APPEAL
A British Muslim reservist who claims he refused to take part in the Iraq war because of his religious beliefs has lost his landmark legal battle centred on him going AWOL.
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