Support groups fear violence is downplayed as courts are swayed by soldiers’ military record

LEADERS on the frontline of the domestic violence scourge say the community and courts need to stop making excuses for the poor behaviour of men – whether they are war heroes or not.

Support groups are furious that former SAS elite soldier Shane Gibbs was allowed to walk from court despite being found guilty of twice choking his wife.

In allowing him immediate parole in the Southport District Court this month, Judge Geraldine Dann said Gibbs had served his country, was suffering severe posttraumatic stress disorder (PTSD), prison would interrupt his rehabilitation and treatment, and that as an exSAS soldier he would be targeted by other prisoners.

Former colleagues of Gibbs – including a Victoria Cross recipient – and Defence Force heavies have spoken of his exemplary military record and what he did for his country and asked for a better understanding of veterans trying to refit into society.

“If anyone should be on trial it should be the Australian government,” one veteran told the Bulletin.

However, domestic violence advocates question what all facets of society have learnt in the nine years since the intimate-partner killing of Allison Baden Clay, six years since the deaths of Tara Brown and Karina Lock, and in the three months since Kelly Wilkinson died.

“We are not taking these actions seriously,” Gold Coast Centre Against Domestic Violence director Di MacLeod said.

“I think (Gibbs) would see (the sentence) as if he has dodged a bullet and unfortunately she has been wounded.”

Ms MacLeod said Gibbs’ actions, not just his military career and mental health, needed to be taken into account, as did the victim’s trauma.

“What about her PTSD?” she said.

“It doesn’t matter who you are or what your profession is, if you have broken the law you face the consequences.”

Judge Dann said during sentencing: “(Choking) concerns behaviour which is recognised as both inherently dangerous but also as a predictive indicator in homicide.

“Domestic violence is unfortunately very prevalent in our community and is utterly deplorable and it is utterly unacceptable.”

The victim in court quoted Chief of Defence Force General Angus Campbell when in 2017 he spoke about how soldiers who committed domestic violence undermined their ability to execute their duties on the battlefield.

Veterans Care Association padre Gary Stone, a retired Lieutenant Colonel, wrote a reference for Gibbs that was tendered during court proceedings.

“Our nation owes him acknowledgment for the good he has done as a peacemaker,” he said in the reference.

“Apart from the marital issues he has struggled with, he has an exemplary record of service.

“A custodial sentence would cause significant damage to his health, self-worth and interrupt his psychology studies and ongoing repurposing.

“His ongoing recovery needs the companionship of like-minded individuals, not the type of people that populate our prisons.”

Padre Stone declined to comment further when contacted by the Bulletin.

Victoria Cross recipient Mark Donaldson, who was awarded the honour for his bravery in the same battle in which Gibbs was wounded – the Battle of Khas Uruzgan – also provided a reference.

His reference spoke solely about Gibbs’ military career and did not make mention of the domestic violence.

Gibbs was represented by Howden Saggers Lawyers partner Dave Garratt, who served in Afghanistan and acts for a number of former soldiers charged with criminal offences.

He represented ex-soldier Chris Carter who in 2017 was acquitted of murdering his former wife and her new partner.

PTSD Resurrected founder and veteran Andy Cullen declined to speak about specific matters but did comment on veterans issues in general.

“I feel a veteran’s service should be taken into consideration and factored in when facing criminal charges in the same way that any member of society’s former career, accomplishments, achievements should be considered,” he said.

Mr Cullen said having PTSD was never an excuse for domestic violence.

“As members of society we are all accountable for our actions,” he said.

He also called for more assistance for veterans, particularly those suffering ongoing mental health issues.

“I believe moral injury is the number one issue in Australia contributing to veteran suicide, family breakdown, drug and alcohol disorders and divorce.”

Mr Cullen said the government needed to provide support not only for soldiers but their families.

He also called for more help from the community.

“We are part of the community and often feel disregarded by our community,” he said.

“We need to support each other. That may require better dialogue and education on what people do in the military and why.”

Western Australian SAS Association state president Troy Simmons also gave a court reference for Gibbs, describing his competence as a soldier.

“I know Shane is deeply remorseful for his behaviour in the past and the impact it has had on (his family),” he wrote.

“He is genuinely turning his life around and is motivated to help others in a productive way based on his experiences.”