Guest Speaker Peter Fitzpatrick AO - Justice Delayed and the Presumption of Innocence for SAS Veterans
Prior to this Peter had a distinguished 20 year military career, including service with the elite Special Air Service (SASR) Regiment as an Australian Army Officer, taking early retirement with the rank of Lieutenant Colonel. In 1997 he was a strategic adviser to the then Prime Minister, John Howard.
Peter has chaired and been a director on a large number of boards in the For Profit, Not for Profit and on government boards both in Western Australia and nationally. Outside of the corporate world he has held leading voluntary roles and been a champion for change in in areas of youth at risk, disability, veteran wellbeing, domestic violence, mental health, homelessness and disadvantage.
He was appointed an Officer of the Order of Australia (AO) in the General Division in the Queen’s Birthday Honours in June 2018 and a Member of the Order of Australia (AM) in the Military Division in the Queen's Birthday Honours list in June 1984.
He was also a state finalist for Australian of the Year.
General Background
Thousands of operations and deployments took place with courageous and magnificent work achieved by the ADF, in our nation’s name, fighting against a ruthless, irregular guerrilla enemy in an undeclared war.
In 2016, the Inspector General of the Australian Defence Force (IGADF) was appointed at the behest of the Chief of Defence to enquire into and report on alleged war crimes in Afghanistan. The inquiry took more than five years to complete. A fundamental principal of all the IGADF does should be to “do no harm” to veterans.
The inquiry found that there was credible information of 23 incidents in which one or more non-combatants were unlawfully killed by or at the direction of members of Special Operations Task Group in circumstances which, if accepted by a jury, would be the war crime of murder. These incidents involved a total of 39 individuals killed and a further two cruelly treated.
These incidents needed to be investigated though they represent a fraction of the ADF’s operations in that country during a difficult war. An unintended consequence of the work done by the IGADF has been, in the context of later developments, to diminish the service of all who served in Afghanistan.
Conduct of Inquiry
Veterans brought before the IGADF Brereton Inquiry consider that it was in their view an abuse of both power and process. Many were required to attend the inquiry without legal representation or inadequate representation or limited administrative assistance.
Lack of Experience within the IGADF
Veterans called before the inquiry were concerned that those doing the investigating lacked operational combat experience and were naïve in their lines of questioning. General Brereton and other senior counsel had not been deployed operationally into a combat zone and may have been assisted, if joined in the inquiry by senior officers with warlike experience.
Publication of the Report
A perception emerged that during the inquiry IGADF was informing both a police investigation and a concurrent media investigation through “leaks” from unnamed sources. Veterans, even those not involved nor called to give evidence were publicly flayed in the national press based on unproven and untested allegations made outside of due process.
But Justice Brereton under the auspices of the Office of the IGADF made recommendations in his Report which suggested that he had judged men guilty, including that award of medals for conspicuous and distinguished conduct be reviewed or removed and that a Meritorious Unit Citation be removed along with a raft of administrative and punitive actions.
The Government’s decision to make the IGADF Report public allowed it to be portrayed in the media as a finding of guilt, which it is clear was not Justice Brereton’s intent.
Presumption of Innocence
The IGADF must uphold the principle of the presumption of innocence and advise the Government and CDF accordingly. The way the Report was made public failed to assertively emphasise Justice Brereton’s point that his findings were “not a finding, on the balance of probability let alone to a higher standard, that the person has committed that crime”.
The Government and CDF should not have released this report when he did, but only after a police investigation and a criminal court had dealt with all allegations.
Balance
No attempt was made in the Report to reveal and explain the operational context or pressures and other factors which may have worn men down to a point where poor decisions were made. Former government ministers and the generals were not called to give evidence about the tempo of operations they required of the soldiers or the rules of engagement and other constraints they placed on our forces. Some soldiers spent up to three and a half years in combat, more than most soldiers in earlier wars.
Operational, Organisational and Cultural Issues
The IGADF makes a range of critical observations about SASR. For example “Commanding Officers of SAS during the relevant period bear significant responsibility for contributing to the environment in which war crimes are committed, most notable those who embraced or fostered the “warrior culture” and empowered, or did not restrain, the clique of NCOs who propagated it”.
Commanding Officers have a responsibility to the nation to ensure Australians go into battle hardened and resolved to fight and die for their nation. The strategic and operational conditions under which poor decisions on tactical operation occur have much to do with decisions made by higher command. Not all choices soldiers make either in the heat of battle or on the fringes of it, are correct.
An Alternate Pathway
Many aspects of this matter could have been handled better. The Report could have handed immediately to police and the OSI for action and a statement made by CDF indicating that credible allegations had been heard and his intentions were to ensure due process.
The release of the Report unleashed a media fury of public trial by accusation which has deeply hurt many veterans and their families. An entire group of soldiers have seen their service in Afghanistan diminished as a result. Our nation should never allow a repeat of this failure of natural justice to so impact on veterans who have put their lives on the line for their country.
Directors' Reports and Announcements
- A short Community meeting would be held following the breakfast meeting to discuss possible opportunities to support SOS (Starting Over Support).
- Rick and Kelly recently visited SOS office and warehouse in Malaga and were very impressed by the well organised and effective delivery of their services primarily to survivors/families that have had to start new lives as result of domestic violence.
- The list of the items for the silent auction at the BNB has been placed on each table so that members can see what is on offer. The folders for each item will be available for members to lodge bids each Friday meeting from f Friday 23 September.
- A bbq will be held at Bunnings East Vic Park on 19 October to support youth. Seeking volunteers to help out during the day from 8am - 4pm.
The Fine-al Stroke...
- Sir Geoffrey lingers on from last week - the name Geoffrey means "divine peace" - but piece of what?
- What happens, or is said at GWCTD stays at GWCTD but donations are gratefully received from attendees... eg Mr Metcalf
- After breakfast Gorby is taking two attractive German backpacker ladies to appreciate our beautiful - beaches?
- Wayne the elder called to account for his phone going off during the meeting last week - oh no!
- Scotty for having to fast last week for medical reasons so no breakfast but was caught walking along and sniffing the breakfast offerings in desperation...again!
- Hadrians Wall in the UK was started on 13 September AD 122 anyone who has walked this put in a $ton(e)
- On 13 Sept 1501 Michaelangelo began work on his great sculpture of David - anyone who has seen this put in a $
Attendance
35 attendees in all, including guest speaker Peter Fitzpatrick, and ex member Mark Jones.
