KEY POINTS:
Drugs charges laid against six New Zealand Defence Force personnel while in Afghanistan have been dismissed because the proper legal process was not followed.
The six were sent home from Afghanistan in March to face a court martial for allegedly using hashish - a potent form of cannabis.
They had been part of a 107-strong Provincial Reconstruction Team (PRT) made up of army, navy and air force personnel.
All of the accused were junior army personnel based at Linton Camp in Palmerston North.
They are alleged to have used the hashish at the NZ PRT base in Bamyan Province.
However, Commander Shaun Fogarty told Radio New Zealand today the charges had to be dropped because the accused were not give the caution which has to be given when they were initially interviewed in Afghanistan.
The caution is like the bill of rights police read to citizens when they are arrested, he said.
As a result of the error the evidence is inadmissible to a court martial.
Mr Fogarty said the officer who interviewed the six had training about the situation but had made a mistake.
He said a review was in place and the army would ensure similar problems didn't occur.
"While it is extremely disappointing the allegations will not be tested, the New Zealand Defence Force must ensure the rights of our people to a fair hearing on any disciplinary matter are preserved," Chief of Defence Lieutenant General Jerry Mateparae said.
"I have been briefed on how this situation came about and I am satisfied that the breach of process while serious, wasn't deliberate. Further investigation will determine what remedial actions need to be taken."
Counselling has been offered to the accused and they will return to normal army life.
- NZPA
