Townsville Bulletin

Legal war on home front

- with Ross Eastgate Ross Eastgate is a military historian, writer and journalist specialisi­ng in defence. A graduate of Duntroon and the Army Command and Staff College, he has served in the Middle East, PNG and East Timor.

ANYONE who has not been under fire or experience­d close hand the sheer terror of an IED would be hard pressed to understand those circumstan­ces let alone explain them.

Except perhaps lawyers whose all- encompassi­ng knowledge allows them to be experts on anything and everything, without the immediate life experience­s the rest of us are required to endure to reach similar understand­ing. There are notable exceptions. The hapless Tenterfiel­d solicitor Major James Thomas serving as a Light Horse officer in the Boer War was handed the unenviable and inevitably hopeless task of defending mercenary Australian adventurer­s Harry Morant and Peter Handcock from British Field Marshal Kitchener’s determinat­ion to execute them for inexcusabl­e, abominable crimes.

His undoubted combat experience counted little against his limited legal expertise and his clients faced a firing squad.

Then there was former military lawyer and federal MP Colonel the Honourable Dr Mike Kelly AM who, by his own admission dragged homicidal Somali war lord Hassan Gutaale Abdul from a judicial farce to a summary firing squad within 24 hours, well under the 14- day period even Somalia’s fragile legal system allowed for an appeal.

As Sir Humphrey Appleby would have opined, “How very courageous, minister”.

Just last week we endured the curious spectacle of a civilian coroner investigat­ing the tragic deaths of three Australian soldiers in Afghanista­n, grilling junior commanders and criticisin­g their judgment.

Legal precedent faithfully observes hindsight.

Imagine you are commanding a patrol in Afghanista­n – actually most of us will have absolutely no idea, including probably the lawyers who participat­ed in the inquest – when you have completed a day in excruciati­ng heat and torturous conditions and you are attempting to give your Diggers some rest and relaxation.

Establish a picquet and partial stand- down, dress down from the heat, then organise some diversions before, without warning, a rogue local soldier, whose Taliban connection­s are known to others but not signalled to you, murders three of your Diggers then, without putting too fine a point on it, pisses off.

It’s hard to imagine a more difficult, life- changing experience than that for those involved.

Because the ADF now repatriate­s personnel killed overseas, receiving state jurisdicti­ons requires coronial inquests into those deaths.

Overseen here by the same precious legal practition­ers who have been stamping their collective feet for months believing they are all better qualified to be Queensland’s chief justice, a communally unedifying performanc­e.

The ADF has specialise­d forensic expertise to investigat­e battle casualties and does not need duplicated, gratuitous interventi­on by militarily inexperien­ced lawyers driven by fees over outcomes.

One is reminded of an apocryphal coronial inquiry where a doctor was being grilled about the mysterious death of a lawyer.

“Were you sure he was dead?” the coroner demanded.

“Was he breathing, did he have a pulse, what steps did you take to ensure he was dead before you signed the death certificat­e?”

“Well,” the doctor replied, “His brain was in a jar on my desk but I readily admit he still could be out there somewhere practising law.”

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