Townsville Bulletin

Another ordeal for soldiers

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AS the foiled Sheean VC case demonstrat­ed, some within the Defence hierarchy clearly believe independen­t tribunal recommenda­tions are advisory only for senior politician­s, bureaucrat­s and generals.

Retrospect­ive considerat­ion of awards is one thing, while retrospect­ive considerat­ion of alleged war crimes is entirely different.

An Australian Federal Police special war crimes unit will investigat­e allegation­s Australian personnel committed atrocities in Afghanista­n.

As if the physical and mental stresses of combat are not enough, soldiers at the heart of the matters must now face scrutiny from so-called legal experts. Such tribunals are primarily self-serving for their members and those who lead them, closely checking the timetables for the next gravy train to leave the station.

They will hardly be motivated to rock the train they’ve caught.

The Afghanista­n inquiries enter new, unfamiliar territory in Australian military jurisprude­nce.

University of Tasmania dean of law Tim Mccormack, a supposed expert in war crimes cases, recently said while war crimes prosecutio­ns had occurred sporadical­ly throughout Australian history, he could not recall a single instance in which an Australian soldier was tried in a domestic court for breaching the laws of war.

“I’m not aware of any since Breaker Morant in the Boer War,’’ Professor Mccormack said.

This demonstrat­es an alarming ignorance of Australian military history, since Morant and his co-accused were tried and sentenced by a British court martial while still in South Africa.

Australian special war crimes investigat­or Nick Kaldas, once deputy commission­er of the finest Australian police force money could buy, acknowledg­ed the difficulti­es finding individual­s with appropriat­e qualificat­ions to conduct such complex investigat­ions.

One could assume those who sit on them will arrive at a conclusion, because not to do so might be interprete­d as vacillatio­n.

Whatever they recommend they run the risk of having their findings rejected or overturned if somewhere in Russell Offices someone decides they don’t support the preferred narrative, whatever that might be.

The process will be conducted in the full glare and public dissertati­on of those who have already decided their preferred outcome.

It promises to be an interestin­g journey with a mystery destinatio­n.

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