• Corporal Manu Anthony Smith was found guilty of filming a woman during sex without her consent.

• The Crown argued for his dismissal from the military.

• Judge Tom Gilbert and a panel of military officers decided against dismissal, instead sentencing him to two months’ detention at a military prison. 

A Christchurch soldier found guilty of filming a woman during sex without her consent has been sentenced to two months in a military prison and ordered to pay his victim $2000.

The Crown sought his dismissal from the NZDF, but the presiding judge and panel of military officers opted for the lesser sentence, which also includes Smith being on a formal written warning for the next 12 months.

At a court martial this week, Smith was found guilty of “intentionally or recklessly” making an intimate visual recording of a woman.

The 41-year-old used his cellphone to film his partner at the time without her knowledge or consent while they were engaging in sexual activity in 2020.

Smith admitted making the recording but claimed the woman consented - or that he genuinely believed she was consenting at the time.

He pleaded not guilty to the charge.

Corporal Manu Smith is accused of filming two women without their consent during sex. Photo / Pool

He was originally facing three charges of making intimate visual recordings of two women on separate occasions.

But during the trial proceedings, Judge Tom Gilbert granted a defence request to dismiss two of the charges.

He ruled that in light of the evidence, a properly directed panel could not reasonably convict on those charges.

On Wednesday, a panel of three military officers found Smith guilty of the remaining charge after just under two hours of deliberations.

Judge Gilbert heard a victim impact statement, submissions from the Crown and defence and then a summary of Smith’s military history before he adjourned with the panel to decide on an appropriate punishment for the convicted soldier.

This morning they returned to court to deliver the final decision.

Judge Tom Gilbert. Photo / Pool

Smith was sentenced to two months’ detention at Services Corrective Establishment (SCE) at Burnham Military Camp.

He will also be on a formal written warning for the next 12 months.

And he was ordered to pay $2000 compensation to the victim within 28 days.

The victim impact statement

Yesterday, Smith’s former girlfriend told the court about the impact of his offending on her life.

“Before your offending, I was carefree, independent and I had my life together,” she said.

“I wish I had never met you… You were meant to be a model citizen and you did this? What you did was disgusting and unforgivable.”

The woman said she felt “dread” when she heard Smith’s name or saw a vehicle similar to his.

She felt shame and embarrassment over being filmed without knowing, and for having to speak about her sexual choices in front of a courtroom full of strangers.

“I resent you and the impact this has had on me,” she told Smith.

“I felt shame… but you are at fault and you are to blame. I have accepted I am not at fault, and I am glad I had the courage to speak up.

“I wish you had the courage to accept what you had done… I wish you had the courage to ask for consent.”

Corporal Manu Smith denies any offending. Photo / Pool

The offending had made her doubt and suspect other men - and people in general.

The court process had been “mentally exhausting and overwhelming”.

“I am happy it is over,” she said.

“I feel like a weight has been lifted… I hope that no one is treated like this by you ever again.

“I am taking my power back, and you no longer have power over me.”

Dismiss or retain?

Crown prosecutor Captain John Whitcombe told Judge Gilbert and the panel that Smith’s actions inherently undermined New Zealand Defence Force core values and ethos.

“The offending goes directly in the face of operational respect,” he said.

Whitcombe submitted it was not “tolerable” and was “untenable” for Smith to remain in service.

What he did was a “fundamental breach of trust” and demonstrated he was “unfit to command”.

090625 KAI SCHWOERER Prosecutor Lieutenant John Whitcombe looks on as 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.

“The offending demonstrates an inherent defect in his character and judgment and his behaviour doesn’t set an appropriate example for subordinates,” he said.

Defence lawyer Matthew Hague said a conviction and the publicity of the case carried a significant consequence in and of itself.

He said that a conviction and a reprimand were a clear signal that Smith had been held accountable and achieved the principles of sentencing.

“It is a very serious outcome... and in itself has promoted a sense of responsibility,” he said.

“This has been denounced publicly and denounced seriously... it has put anyone on notice that it’s not acceptable and it’s criminal. Nothing more needs to be done.”

Smith’s military history

Smith’s commanding officer - who cannot be named - told the court that Smith had been in the army for more than 17 years and was a trusted and reliable officer.

He had served overseas, including in Afghanistan and after he was charged, Smith continued “working hard to advance his career” and had received a leadership award.

“He has conducted himself well,” said the CO, who has known Smith for 15 years.

“Corporal Smith has been reported as being an enthusiastic, self-motivated, diligent [soldier] who demonstrates a willingness to learn and grow in confidence,” he said.

“I find it hard to reconcile the offence he has been found guilty of in this case and the Corporal Smith discussed this week, with the soldier and the man that I have known for many years.

“I am disappointed... but I do see a future for him in our organisation... we as his military family would not leave him behind, we would push him forward... to be the man he is capable of being,” he said.

“With the right management and support, he would still add value to our organisation. I believe in his capacity to live the values of the NZDF.

“Corporal Smith has a long road to travel ahead, but I do feel with support and guidance, he will develop the necessary skills to navigate his personal life and return to being the man that I’ve known in a professional context.”

Defence lawyer Matthew Hague. Photo / Pool

Two of Smith’s sisters also spoke on his behalf.

“He has always acted with integrity within our whānau... he’s loved, he’s affected, and what affects him affects us. When his mana is diminished, it leaves a huge impact on our whānau,” said the first.

“For Manu, being part of the forces is a huge responsibility and a service he enacts with pride. Our whānau has been about service, that’s one of our values. We’d like him to continue to be able to serve... It’s part of our identity.

“He’s a natural provider for us, he does a lot for us... His mum is ageing, his father is now 84... this does have a huge impact.”

The other said the prosecution of her brother had already had “a very significant” impact on the family.

“There has been a lot of long nights, a lot of frayed conversations. We have been living on a lot of suspense for the last five years,” she said.

If Smith was dismissed, there would be “a lot of heavy hearts, a lot of disappointment”.