Opinion: Further Comments on the Afghanistan Allegations

David Jamison adds more to his earlier comments . “My belief that the government has botched the Brereton report in a most spectacular fashion has been reinforced this week. The Government Ministry reshuffle has left the current Defence Minister in place. Her public reactions to the release of the Brereton report, rather than being measured or considered, are inflammatory and without any consideration for the soldiers or their families who are now caught up in more than a fight to clear their names, but a very public game of political hot potato.

Members of the ADF, Veterans and their families need reassurance that the allegations being faced by some members of the SAS Regiment will be professionally investigated and that they will receive the same level of access to and justice as they fight and place their lives on the line to defend. All Australians should expect that the individuals under investigation will not be prejudged by a system trying to shift blame to lower ranking members whilst protecting those further up the command chain. To be given a fair trial is a basic human right, a right which is presently being eroded by the lack of support and action from the institutions and individuals responsible for providing it.

It has been reported that show cause notices have been issued to 13 SAS Regiment members. To respond to such notices when more serious charges are potentially being considered places these soldiers in an invidious position. Information provided by these members in response to these notices may well be used later by prosecutors as evidence in future actions. However, to not respond would inevitably mean discharge and likely be portrayed as being a sign of guilt. This is a clear breach of the basic principles of Natural Justice that form the basis of our Justice System.

A public appeal is presently being made to assist with raising the funds required to provide the legal support the members need in order to obtain a fair and impartial trial – I find it abhorrent and Defence should be ashamed for its ongoing lack of support. Defence should show its support for its members with the appointment of a suitably qualified legal team with experience in international law and allegations of war crimes so that an effective legal defence can be put forward.

The CDF and CA continue to demonise those in the gun by indoctrinating other ADF members including newly graduating officers on their “crimes”. All this before any actual finding of fact.

I’m troubled by the public show of double standards on display. I’m further troubled by the government’s continued mishandling of the matter.

If things continue along the current path, how can any ADF member have any confidence in the integrity of Defence as a whole?

A question to Australia’s leaders needs to be asked – are they aware of the far reaching implications of their undermining of the these members and its impact on the confidence held by not only Australian’s but other nations, in both past, present and future members of the Defence forces?

I can’t think of any better way to destroy the morale and effectiveness of the nation’s military personnel than the current actions by the Government and ADF!“