J. B. Tilton/Page 4
TEN
"Lieutenant Reed," said De Haan, once the hearing had resumed the next morning, "in essence, your defense is 'I was only following orders'. In combat, it is important, even vital, for a soldier to obey the orders of his superiors.
"But that cry, 'I was only following orders', has been used to try to rationalize or justify many terrible actions by soldiers in combat. To absolve them of any blame for any atrocities they committed and pass the blame on to higher authorities. Especially when those authorities are no longer around to respond. And the greater the atrocities, it seems the louder someone proclaims they have no responsibility for them. That they were simply following orders.
"As Star Fleet officers, we are expected to not only obey our orders, but also to recognize when those orders are aberrant or unlawful or immoral. This may not always be easy to do, especially in combat. When we may have only a split second to make a decision.
"Where lives are involved, it is doubly important that we make this distinction. And where deaths are involved, it is just as important that any of those responsible, if any, are held accountable for those deaths.
"The incident in question here took the lives of forty eight Star Fleet crew and officers. Lieutenant Reed says he was simply following orders when he sent the transmission. Orders from his commanding officer, Captain Humphreys. I see no reason to dispute that assertion.
"The question then becomes whether obeying that order constituted a criminal act. Star Fleet personnel are not taught to just blindly obey orders. Every person in Star Fleet is ultimately responsible for their own actions, orders not withstanding. Obeying an order that someone knows to be wrong or illegal does not absolve that individual of responsibility simply because they were ordered to do it by a person of superior rank.
"Lieutenant Reed, Captain Humphreys ordered you to do something that had the potential of taking human life. Not an unusual occurrence in combat, granted. But because of the nature of this particular order, was it something you should have refused to do? Did this order needlessly put the lives of these people at risk?
"When I look at all the evidence, and consider all the testimony, my response has to be no to those questions. While many people may not consider Captain Humphreys' decision tactically sound, it's very easy to sit here, after the fact, and second-guess the situation. Those of us who have been there know some times you do things that might appear to make no sense. But you do what you have to.
"Captain Humphreys took a tactical risk based on the circumstances of the situation at the moment. All of us here have done that at one time or another. His decision cost the lives of forty-eight of his crew. But it also allowed twenty-nine of that crew to return home.
"I can find no culpability in Lieutenant Reeds' actions that day. His actions were not only appropriate but were also proper. And resulted in saving twenty-nine of his fellow crewmates.
"Therefore, I am setting my previous decision in this matter aside. My recommendation to Star Fleet Command is that no charges be filed against Lieutenant Reed. And that a general court martial is not warranted in this case. Lieutenant Reed, you're released from custody and returned to duty, with Captain Archers' approval, of course."
"Absolutely," said Archer, smiling from ear to ear.
"Very well," said De Haan. "I declare this matter closed and this hearing adjourned."
All of Malcolm's friends gathered around to congratulate him on his victory.