Diggers face likely charges on child deaths
SMH
Rafael Epstein, Tom Hyland and Dan Oakes
August 27, 2010
THE Director of Military Prosecutions wants to take the unprecedented step of charging several Defence Force commandos with the deaths of five children during a raid in Afghanistan last year.
While the Director of Military Prosecutions, Brigadier Lyn McDade, has not made her final decision, the prospect of charges has infuriated senior officers, with the Chief of Army, Lieutenant-General Ken Gillespie, and other commanders expressing concern in writing.
Some in the Defence hierarchy are concerned it will further erode public support for the war and undermine the way soldiers operate in Afghanistan.
None of the military historians contacted for this report could recall Australian soldiers being charged over the deaths of civilians in the confusion of battle.
Of about 30 personnel involved in the raid, only a few appear certain to face a court martial, including two soldiers who engaged in the attack, one of whom is alleged to have thrown a grenade. Both are reservists in the 1st Commando Regiment.
Evidence would be heard by a court-martial panel made up of military professionals.
The officers in charge on the night of the raid, who are full-time ADF members, face possible charges over their preparation and supervision, and would also face a court martial.
Defence sources say the prosecution could undermine the operational effectiveness of the Special Operations Task Group in Afghanistan. ''This is not good news for us as a collective,'' a Defence source said. ''It's a hard enough job as it is, fighting with 20 [legal] ropes around your hands.''
Some of those involved in the raid first heard about the prospective charges last month, and many are dismayed the process has taken so long. Brigadier McDade has been assessing evidence since November.
The troops were on a ''capture or kill'' mission targeting an insurgent leader near the village of Surkh Morghab in Oruzgan province. A small group of the soldiers exchanged fire with an Afghan man who died, and grenades were thrown that resulted in the deaths of a teenager, two younger children and two babies. Other women and children were wounded.
Brigadier McDade has advised senior commanders of her intentions. Lawyers from Defence and other government departments are assessing the ramifications of the likely courts martial. Brigadier McDade will review submissions and any likely defence arguments before finalising her decision.
Defence and legal sources say Brigadier McDade's final decision is highly unlikely to change. Sources say she has maintained her independence through an unprecedented process.
With significant frustration over the delay in announcing the charges, some commandos feel unfairly targeted by an investigation that has exposed long-standing rivalry between full-time and reserve soldiers.
A senior member of the regiment, who served on the rotation, defended those involved.
''If the ADF bothers to describe the events in the compound in detail, it will be clear to any person that the troops, faced with a terrible situation, had no choice,'' the soldier said.
''That they all came out alive is actually an indication of their skill and courage.''
But those close to the investigation say the Australians had overwhelming force and the evidence gathered is sufficient to warrant charges.
Night raids have been a significant source of friction between coalition commanders and the Afghan government, with Afghan politicians often pushing for more investigation of soldiers involved in civilian deaths.
But Australian officers are angry, with one Defence source saying: ''Every time a bloke goes into a compound, he'll be thinking, 'F---, am I going to be charged with murder?'''
Another source said: ''It will undermine the whole system of war because at the back of every soldier's mind, they'll be thinking, 'If I f--- up, will I get charged?'''
Military sources are adamant the soldiers did nothing wrong, and some familiar with the evidence believe it is not conclusive enough to secure a conviction.
One Defence observer familiar with coalition operations in Afghanistan said: ''If you look at the range of incidents across Iraq and Afghanistan every day, on the magnitude of negligence or tragedy, this is so far down the scale it's not funny.''
Commentators believe any possible court martial would offer the soldiers a fairer hearing than the recently proposed military court, because service members would be tried by their peers.
Madame Gillard and her fellow Emilys List members and groupies can blather / dribble all the platitudes and cliche's they want about "her Labor Party" supporting OUR Australian Troops in Afghanistan, Australians again, have seen through her and her co conspirators,the Australian Labor Party (ALP)and their bankers and financiers, the Australian Council of Trade Unions( ACTU)
Gone are the days these rabid Anti Australian Socialist UN spawned Hyena's can be seen locked in arms with every drug fucked professional "student" fruit loop, school teacher,Pommie and "Multicultural" Union shop steward they can enlist into their "Peace Army" Goose Stepping their way down Sydney's George Street, performing their perverted street theater, painted faces and juggling clowns on stilts all for their adoring main stream media fan club and THEIR ABC.
No, not today these Socialist ALP, ACTU funded vermin are in charge ,and all they have to do is SAY they support our Troops then simply charge OUR Troops with criminal offences when they do what they are paid to do, hey thats gotta give the Islamists a lot of cheer, knowing that the Australians are likely to face criminal charges for hunting them down, Poor old Vinegar Tits, "Roger Vadim made me have Lesbian affairs" Hanoi Jane, and our most vile Australian citizens Whitlam and Cairns could only dream of such a weapon to be used against US and Australian forces in Vietnam.
Madame Gillard and her Anti Australian Socialist Trash have such a weapon, to use any time they want to,to remind OUR Troops who they want to win the war in Afghanistan.
Using any ALP "affirmative action" appointee Lawyer, such as Brigadier Lyn McDade who the sister hood deems needs a notch or two on her Emilys List funded career belt, I am sure she is already rehearsing her lines "You Can't handle the truth " just wont be the same after she and her cabal of politically correct desk jockeys are through with it trying to nail one of OUR Soldiers arse to the wall for fighting a war.
Now that the “appropriately” named Bob Brown's cabal of Leftist Green Loons look like calling the tune on a number of ALP policies it will be interesting to see how long before the ADF are forced to disarm so as to implement the Greens "Non Violent conflict resolution tactics" through out the worlds trouble spots like Iran,Congo, Kenya,Sudan,Afghanistan, yes I am sure that when these Godless savages see the likes of Brigadier Lyn McDade armed to the teeth with her wheel barrow full of Geneva Convention by laws they will simply go weak at the knees and agree to stop their disruptive ways, after a few dozen of them have gang raped her and her fellow Peace Army members,citing the UN's "all cultures / Religions are equal " edict.
“Brigadier McDade has advised senior commanders of her intentions. Lawyers from Defence and other government departments are assessing the ramifications of the likely courts martial. Brigadier McDade will review submissions and any likely defence arguments before finalising her decision.
Oh Please someone get this MORON out of OUR Army.
