Corporal Manu Smith of the Royal New Zealand Infantry appears for the Court Martial proceeding held at the Burnham Military Camp to face three charges of making intimate visual recordings. Photo: Pool / Stuff / Kai Schwoerer
A soldier has been found guilty of taking intimate images of a woman without consent.
Royal New Zealand Infantry Regiment Corporal Manu Smith faced a court martial at Burnham Military Camp on one count of "intentionally or recklessly" making an intimate visual recording.
A three-person military panel found Smith guilty of taking the images of the woman during sexual activity between August and December 2020.
Two other charges against Smith were dropped on the second day of the hearing.
Before the verdict was reached, the woman who was filmed by Smith told the court martial she felt ashamed and embarrassed about the recording.
Smith's commanding officer told the court he was a diligent and enthusiastic soldier and had been decorated for his service in Afghanistan's Bamiyan province.
His sisters spoke of his mana and dedication to the armed forces.
During his summing up on Wednesday morning, Judge Gilbert said the case was one of law not of morals. He said the panel must not let beliefs about the way Smith or the complainants were living their lives colour deliberations.
In a court martial, all three members of a military panel must agree unanimously on a verdict. The panel deliberated for less than two hours before returning the guilty verdict.
Judge Gilbert said neither party disputed Smith made the video.
However, the Crown maintained the video was made without the knowledge or consent of the complainant, or that corporal Smith was reckless as to whether she was aware or had consented.
The defence's position was that Smith believed the woman was aware and had consented, and that context - which included the pair's relationship at the time and their history of sending each other explicit images - had to be taken into account.
The panel was advised to disregard evidence relating to another complainant after two other charges were dropped on Tuesday.
Judge Gilbert said the charges were dismissed because in light of evidence given to the court, a properly directed panel could not reasonably convict.
The only exception was evidence regarding a group chat of women who had dated Smith, were angry with him, and wanted to cause trouble for him.
That remained relevant because of the defence position the women had colluded in the chat on ways to cause trouble for Smith, including bringing the video to the attention of the authorities, he said.
Crown lawyer Captain John Whitcombe had told the court that while the woman may have been angry with Smith and vented with other women on the group chat, that was understandable in the circumstances and did not mean the story had been concocted.
The court martial adjourned ahead of sentencing on Wednesday afternoon. The panel could impose a range of sentences from imprisonment or dismissal from the army to a fine or reduction in rank.
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