An outbreak of ''argy bargy'' at army headquarters in Canberra three years ago has left a legal officer with a military conviction on his service record and a legal bill for tens of thousands of dollars.
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Major Ting Li was convicted in a court martial of ''causing a disturbance'' on army land after a heated discussion in February 2010 and has lost a battle in the Federal Court to avoid paying the Defence Department's costs in his appeal.
The officer will have to shoulder both the department's legal bills as well as his own for the failed appeal over a confrontation with a colleague at the lakeside Russell Park office complex.
The decision is Major Li's latest legal setback in the three-year saga that began with an office row with his colleague. But Major Li said he would fight on and is seeking leave to appeal the case to the High Court.
The confrontation, described by a witness at the court martial as a bit of argy bargy between Major Li and senior civilian Defence Force employee Andrew Snashall, was the culmination of several months of bad blood between the two men, according to the evidence.
The court martial heard Major Li confronted Mr Snashall in his fourth floor office at Campbell Park with the army officer accusing the public servant of racist comments and refusing to leave the office when asked.
The row resulted in Major Li facing the Canberra military court on the little-used charge of ''causing a disturbance on service land''.
The officer was convicted by the court martial, which imposed a severe reprimand and a $3000 fine. His appeal against the decision to the Defence Force Discipline Appeal Tribunal failed last year.
Major Li's next appeal, to the full bench of the Federal Court, saw five judges consider whether the ''argy bargy'' constituted a disturbance according to the laws of military discipline.
When the court rejected Major Li's appeal in a three-five majority decision, the officer went back to the Federal Court, this time in a bid to avoid having to pay the legal costs of the Defence Department.
But the court found against him again.
Defence Force personnel are usually covered, under the terms of their employment, for legal fees incurred in defending themselves in military courts and tribunals, but not for subsequent appeals to higher courts.
Both sides deployed a team of barristers, led by a highly paid senior counsel, at the Federal Court appeal and the expenses could run up to more than $50,000.
Major Li's Sydney-based lawyer Neville Wyatt confirmed on Tuesday the officer was looking to continue his fight in the High Court.
