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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69367
Experience:  Over 5 years in practice
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I am a serving soldier that has recently liked pages on the

Customer Question

I am a serving soldier that has recently liked pages on the EDL on facebook, someone has printed these statuses and shared pages and reported me, I have not been told what I have coming against me just that the Military police and the regiment are investigating, however they are unable to tell me exactly what they are investigating this leaves me very unsure and also unable to get any form of advice is there anything you could suggest? On top of this they seem intent that if nothing comes back from the military police that the regiment will try and punish me another way, the military police have already said I have done nothing wrong, another post that has been produced to them by me is calling my OC a c**t and a prick, which in my eyes has nothing to do anyone and there is certainly no link between the posts.

Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
HI.

Thank you for your question . My name is Jo and I will try to help with this.

How can I help with this?
Customer: replied 3 years ago.

I basically need to know weather or not I can be punished for insubordination to my OC just by calling him a prick and c**t on a facebook status? and what options I have available if my regiment are accusing me of being racist

Expert:  Jo C. replied 3 years ago.
Thanks for the information.

I'm afraid I do think this amounts to the service offence of insubordination. I cannot think of a clearer instance unfortunately.

In relation to the allegation of racism, I don;t think there is a service offence that covers specifically what you did. Liking a post is not a public order matter or a malicious communication. There is an offence of conduct of a disgraceful or cruel kind but it doesn't amount to that.

The only other offence that might apply is inciting criminal conduct but I really don't think that is made out here.

I'm sorry this isn't the answer you wanted but it is the position that you face and I have a duty to inform you truthfully.

Hope this helps. Please let me know if you need more information.

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