Military judge who declared war on defence minister gets a legal dressing-down from the appeal court | Business Insider

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Military judge who declared war on defence minister gets a legal dressing-down from the appeal court.

Business Insider SALt-Col Kevin O’Brien in a July 2022 video about his work at the School for Military Justice.

O’Brien turned to the appeal court after the high court in Pretoria granted the defence minister’s application to set aside a stack of court orders the judge made on “issues that had become all-consuming” for him. By injecting issues such as these into judgments, he “wholly misconceived the nature of his duties”, said the appeal court. “He never truly applied his mind to the issues before him and wrongly decided on a range of issues that were never properly before him.”

The officer still refused to back down and delivered a ruling “giving notice to the honourable minister of defence” and a range of senior SANDF figures that he intended to head to the high court. But he also recused himself from the case that brought matters to a head.

 

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