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Malcolm Kendall-Smith, a former flight lieutenant, was discharged from the military and imprisoned after being found guilty by a courts martial panel in April of five charges of failing to obey a lawful order.

The 37-year-old, who compared the invasion to a Nazi war crime, was last week released from Chelmsford jail and will serve the remainder of his sentence, until September, tagged and under curfew.

Justin Hugheston-Roberts, his soliciter, confirmed earlier that Kendall-Smith, who is of dual British and New Zealand citizenship, has lodged an appeal with the Ministry of Defence.

Kendall-Smith recorded a video message for a recent fundraising event held in his support by Tony Benn and the Stop the War Coalition and attended by celebrities including comedian Mark Thomas, film director Ken Loach, composer Michael Nyman and fashion designer Vivienne Westwood.

In the video message, Kendall-Smith said: "Thank you so much to all of you who have shown me such support, which I appreciate very much in my stand in defence of the law, truth, justice and humanity.

"Do not believe Government propaganda. The continuing use of force against the people of the formerly sovereign state of Iraq was always motivated by political corruption, corporation profits and aggressive capitalism."

In a statement, his parents, Margaret and Ian Kendall-Smith, said: "The severity of the sentence was disproportionate to the action taken by the defendant, and in the fullness of time may well prove to be the undoing of both the representatives of the tribunal and of the persons responsible for taking your country (the UK) into Iraq without the necessary mandate from the UN."

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