From today's Torygraph:
'Fraud bill belonged to RAF superior' By Richard Savill (Filed: 29/09/2001)
A ROYAL AIR FORCE officer accused of falsifying expenses while on duty in Kenya was cleared yesterday after a court martial heard that the hotel bill concerned belonged to his superior officer.
The prosecution was made after a Tory councillor in the London Borough of Hammersmith and Fulham, who happened to be staying on holiday in the same hotel, complained to the Auditor-General in Britain. Flt Lt Derek Oetzmann, 29, was alleged to have charged private telephone calls amounting to 5005 Kenyan shillings (£47) to an RAF account, after negotiating with hotel staff to disguise them on the bill as breakfasts.
Emile Al-Uzaizi, 48, was in a queue behind Fl-Lt Oetzmann and other RAF officers at the hotel reception desk when the bill was paid, and claimed that he overheard Flt Lt Oetzmann negotiating with a cashier for the calls to appear as breakfasts. But Judge Advocate Paul Camp dismissed the case, saying that the Royal Air Force Police investigation had been inadequate, and suggested instead that there should be a police investigation into the actions of Sqn Ldr Al Green.
He said: "The reality is that if anyone is guilty of anything, he is much more the guilty party. They were his calls. It is, however, wrong to assume he is guilty at this stage."
Flt Lt Oetzmann, the credit card holder, who is stationed at RAF Brize Norton, Oxon, has taken part in operations in the Balkans, and last year carried his squadron's standard at the Battle of Britain 60th anniversary service at Westminster Abbey. He was staying at the hotel with other RAF pilots in February last year, after taking soldiers to Kenya for an exercise, codenamed Grand Prix.
Mr Al-Uzaizi wrote to the Auditor-General, who passed the complaint on to the Ministry of Defence. The ensuing RAF Police investigation and five-day court martial at RAF Brize Norton were thought to have cost up to £30,000. The court martial heard that none of the reception staff was spoken to during the initial police investigation. Printed telephone records were not made available until the final day of the hearing.
Dismissing the case the judge said: "I feel the police investigation was handled very badly. It must have been blindingly obvious that it was important for the receptionist to be interviewed. He added: "The process of collecting evidence at a meaningful stage has not taken place."
The judge said a fair trial could not take place, and he told Flt Lt Oetzmann: "This is a decision for all time. Even if it turned out that Sqn Ldr Green did make private calls there is no way that this can be re-opened against you."
Tony Miles, solicitor advocate for Flt Lt Oetzmann, said his client was "absolutely delighted that after 18 months this whole thing is over". He added: "He has had a good career in the RAF and he is looking forward to getting back to it without being preoccupied by matters that shouldn't have preoccupied him. The decision to prosecute was clearly taken at a time when all the information was not available. Fortunately it has turned out in a way that is satisfactory from my client's point of view. He is completely exonerated. My client has always maintained this was a false allegation. He is just very relieved. The pressure he has been under has been huge."
Mr Miles added: "The way in which the investigation was carried out meant it was not possible for us to have a fair trial. Evidence that may well have supported my client's position was no longer available through a lapse of time."