‘Stop firing’ screamed the Afghan interpreter metres away from a suspected Taliban leader as he emptied his magazine towards a small band of Australian commandos. As the walls exploded the insurgent responded by clipping on a fresh magazine and unloading it at them. The Australians returned fire and lobbed a grenade into the dark room. The firing ceased. As they crept into the room they noticed a sight that will haunt them forever. The suspected Taliban leader lay dead amongst a human shield comprising women and children.
Three of the commandos in the raid, doing what they were sent to do by the Australian government, now face charges of manslaughter. These young men have been double-crossed by our political leaders who have exposed them to the jurisdiction of the International Criminal Court in the Hague.
Membership of the world court is a gold plated pass to the finer things in life for the international legal fraternity. First class travel, 5-star hotels, fine cuisine and vintage wine are standard fare for the elite in the justice system. The court provides a forum for eminent legal minds from Australia, Albania, Botswana, the Central African Republic, Romania, Serbia, Sierra Leone, Bangladesh, Mongolia, Tajikistan and others to discuss a new world order for law and justice.
Our major ally, the United States, is not a signatory to the world court. Neither are China, India or any of the major Middle Eastern nations. The conventions of the court are not recognised by the Taliban in Afghanistan.
The United States has enacted an American Service-Members’ Protection Act to protect their troops against criminal prosecution by an international criminal court. Australia has failed to offer the same protection to our troops.
We have also failed to provide them with a system of justice that recognises and respects the unique nature of their role in combat i.e. to close with and kill the enemy. The enemy has a similar role. This was reflected in General George Patton’s address to his troops in Europe in WW11. ‘You don’t win wars by dying for your country,’ he urged. ‘You win wars by making the other bastard die for his country!’
Combat is not about group hugs and counselling sessions with your opponents. It’s about training, discipline, fear, courage, sacrifice, mateship and leadership. Only those who have experienced combat understand these human complexities. Strategies to prepare soldiers for combat operations have evolved over the centuries.
Soldiers also understand, better than most, that modern wars are not won on the battlefield. They are won within the hearts and minds of civilian populations.
The historic decision to charge our commando’s with manslaughter as the result of a night combat operation in Afghanistan is a shameless act of betrayal by the Australian government. The decision will have far reaching consequences on the command and control of combat operations which require split-second decisions to meet changing or unforeseen circumstances. Soldier’s lives will be at risk if commanders hesitate as they weigh up the implications of their decisions against the laws of the International Criminal Court or the prejudice of an all-powerful Director of Military Prosecutions.
The traditional system of conducting military prosecutions by courts martial allowed for servicemen and women to be judged by peers with an understanding of the complexities of combat in a hostile environment. This system was replaced by a botched Australian Military Court in 2007.
The botched system sought to institutionalise the betrayal of our servicemen and women by our political leaders who would have been subject to trial by a civilian judge without a jury. The decision to prosecute was delegated to a new supremo, the Director of Military Prosecutions, who is not answerable to either the military high command or Parliament.
Whilst the Australian Military Court was found to be unconstitutional in 2009 the Director of Military Prosecutions, Brigadier Lyn McDade remains as a supreme independent authority. Whilst McDade was awarded the title of ‘Brigadier’ and gets to wear a uniform she has never had to earn the rank and has no experience in combat.
Her military-political sympathies were revealed in an interview where she believed David Hicks had been badly treated because he trained with terrorists in Afghanistan.
Uniform and rank are an integral part of the military system. Both have to be earned and respected. Soldiers are comfortable with specialist officers such as medical doctors, nurses and padres wearing the uniform because they enlist to save lives and souls. They are more sceptical of the legal profession who often use their association with the military to enhance their status within their own fraternity.
They have forfeited their right to wear the Australian military uniform with the decision to charge our combat soldiers with manslaughter.
The Australian government should move swiftly to disband the Office of Military Prosecutions and withdraw from the International Criminal Court to protect the integrity of our command and control system. If our political leaders do not have the will or the fortitude to do this they should be banned from attending military funerals and not bother with meaningless motions of condolence in Parliament.
I too support you Charlie
The government should hide in shame at what they are doing to our troops and after the visit of the PM to Afghanistan when this should have been quashed rather than her grandstanding
Seriously, what is happening to this country?
These service men and women are putting their life on the line…. and you do this to them?
I support Chalie’s letter 100%. I was an Infanty solidier during the Vietnam Conflict with 4 RAR both tours and saw an enemy that had little regard for civilian life unless they were on their side. Additionally they were not subjected to the Geneva convention as we were, so the reality was the rules of engagement which meant as a soldier, you had to regain the inititive from the enemy solidiers to be able to complete your tasking in a lot of cases. This action in Afganistan reads the same way, do not shoot unless shot at.
My understanding was that the enemy did open fire on the patrol and tried to exploit the situation to his advantage by using a civilian screen. The members of the Patrol as such were not informed of the additional exploitation and returned fire as per their rules of engagements and orders. This resulted in the enermy soldier being killed with additional civilians, who were placed in harms way by the enemy soldier using them for his personal protection. I am only too well aware of the impact of the loss of civilian, especially childen, lives and the memories those patrol members will endure for the rest of their lives regardless of any court action that may take place.
It would not have mattered whose soldiers were carrying out the orders the same effect would have happened regardless, as the enemy has only one objective and that is to kill those who oppose, by what ever means is available to him/her. That includes using them as shields and let your side do it for them.
This action by the our Military justice system in this case has given our soldiers, all ranks, a no win situation as they move to carry out their orders if the charges are upheld. Therefore why would you place your life and that of your families well being if you can not win or complete your tasks in a competant manner quick and effectively. So why go there????????
It would be nice not to have war and this country is an exponent of that, however when the people think that is soft and its easy pickings then unfortunately war is what is left after failled diplomacy. The Australian soldier, sailor or airman all ranks have understanding, in my experiences, of what is right and wrong and act accordingly. They do not support genocide or mass murder, and over the years of being involved in warfare they have proven this beyond reasonable doubt. However they do not back away from a fight if that is what is required, as it was in this case.
So why in the Military Justice system trying to prove it now. In counter terrorist operations and people support operations like that in Afganistan, there is nothing that will be so counterproductive to the ADF that this blind obedience to civil political driven justices, when what is required is support and understanding as the traumers of these actions will haunt the members in different a ways for the rest of their natural lives. I know, I am there now.
REMEMBER in counter terrorist operations everywhere you have to stand and be shot at most of the time before you can engage and neutralise your enemy. This gives people doing this nightmares, depretion, phycological disorders etc, its called PTSD.
Lynn McDade, Resign your rank, and go back to soughting out back yard disputes and divorce cases.
Its people like you that makes us wonder what we are fighting for.
MAM you are a HACK
RE: The solution could be simple, send in a legal team of forward scouts (packed with 35Kgs of rubbers and grey led) followed by a squadron of QC’s while the troops are at the beach with a pub close by.
I have just watched the event reffered to here on Lateline.
And its obvious a terrible event had unfolded for all those involved, there is absolutely no denying that war is a terrible thing, Satan smiles with his eyes cast on a battle field, awaiting reaping his harvest of souls!
My heart goes out to all party’s affected by this unfortunate event.
Whats the next step……..Do our troops go to war firing blank ammunition. Only those involved in the action know the truth. The fault lies with the armchair critics who have NO real insight to the situation.
The best way to avoid these situations is not to be there in the first place.
I am behind our troops 1000%
PS……Would taliban mcdade feel more comfortable wearing her birka!!!!!!!!!
Charlie,
Well written. What we will need next is a platoon of “combat” lawyers, one of which will go on every op to scrutinise the actions of the commander and his troops in case charges need to be laid for breeches of a PCCL (politically correct combat law).
Keep up the fight!
I feel so much shame that this could happen to front line soldiers. Shame on our politicians for sending them without proper equipment and laws to protect them.
Who was it said: “If you can’t stand behind our troops you should stand in front of them”. Send the Brigadier to the combat zone.
This is the most ridiculous thing I’ve ever heard. Next, the OH&S mob will be getting involved to make the troops do a risk assessment before a battle !!!!
The troops have been sent to Afghanistan by our government. There should be total support for all our troops at all times but especially in combat situations. Last time I looked none of our troops had a death wish so why wouldn’t they try to defend themselves. These guys have to live with that night for the rest of their lives. Don’t make it any harder than it already is.
Charlie
At least we have one Polly on our side, I agree with you 100%, ESPECIALLY your 2nd last paragraph.
Haven’t we learnt anything since Harry (Breaker) Morant was railroaded for shooting the enemy????
I’m a veteran of Vietnam. My family has fought in the army in every war since WW1. My son “did” the Solomons, Iraq and Timor as an infanteer. He resigned in 2008 because he experienced the stupidity of government.
Our military leaders no longer tell the truth. They hide behind press releases and “spin”. In fact their first reaction is to spin all press releases regarding any incident, to comply with the government’s wishes. Brave New world. Orwell’s 1984?
We once had a commander, Sir Thomas Daley, who’d stand up for the diggers, but unfortunately we now have a “commander” who was re-appointed because the government of the day knew he’d roll over and have his stomach tickled. If he had courage he’d come out publicly against this incredibly stupid decision by a woman determined to make her mark irrespective of the damage it does.
It’s all been said. Damn the politicians and damn Lyn McDade. she is not worthy of wearing the uniform.
Just an afterthought Charlie
We should start a campaign to have our troops pulled out of Afganistan to give our Defence Forces total protection. This of course will not happen – too embarrassing for the pollies and especially for Kevin-o-seven to inform the US that we are out.
THE OTHER ALTERNATIVE
Get rid of that dumb Brig who only has her own interests at heart and certainly not that of our diggers.
Charlie, your argument is well put. When put in context with the Defence Legislation Amendment Bill 2010 of the Rudd Government, (a Bill to establish the Defence Honours & Awards Appeals Tribunal), it demonstrates that the Rudd Government was about to put in place systems to put both serving and ex-serving members in gaol. We need to see whether the Office of the Director of Military Prosecutions was established under Defence Act 1903, given the serious nature of its responsibilities. Certainly the Bill to establish the Defence H&A Appeals Tribunal has no Tribunal accountability and no annual report to the Parliament.
Russell Wade
AustPNGVetsAssn
I agree 100% that we should pull out of the ICC and support our troops. The people who sit in judgement did not experience the situation and probably never have been in the same situation and never will. There lives were not on the line. If the government sends troops to serve for our country they must be totally supported with equipment and training and morally supported buy the government and the Australian people, not sold out when someting unpalateable happens. Support should also continue after the fighting is over. A war can’t be won when we abide by rules that the enemy does not. The charges should be dropped.
We are allowing betrayal of our troops Where are our so called leaders, as usual missing in action.This stupid action by a power hungry female who has never been under fire has to be stopped she has to be pulled aside and told to back off .The people of Australia should take to the streets and demand action
Charlie, It is great to hear that at least you of our political leaders deserve the title “Honorable”. This act by Brigadier Lyn McDud is a pseudo intellectuals’ flexing of left wing muscle. McDud utterly lacks ANY understanding of the situation faced by our Honorable Soldiers involved. ANY politician who does not stand behind you on this should be exposed as a weak kneed traitor. It is highly unlikely the government will act as this would prove their earlier decisions to be wrong. Instead they will send our boys to the alter for sacrifice. Disgusting to say the least. Max Hill
Cannot believe how they are treating our troops DROP THE CHARGES NOW.
Thankyou Charlie for taking up this cause.
We need as many voices as we can to get rid of this farce. This is another one of Rudds tumors that needs to be excised.
This whole episode reminds me of something that happened a couple of decades ago. A multi-national company with business interests in Mecca advertised for Muslim pilots. They were taken to court by the PC lobby who claimed religious discrimination. At the hearing it was explained that it was necessary for the company to hire Muslim pilots, since non-Muslim pilots flying into Mecca are routinely beheaded. The Defence argued that it was a ‘job related necessity’ (a defence to the charge ) for pilots to have their heads firmly attached to their bodies, otherwise it would have been difficult for them to fly out of Mecca!!!
And of course, after due deliberation, the Judges agreed and the case was thrown out.
But thats not the point. Someone should have identified this madness before it went to Court, and dismissed it for the lunacy it is.
That is precisely what should happen to these 3 brave diggers facing serious charges in Afghanistan.
The Governor-General should be doing her job as Commander-in-chief of the Australian Defence Force and dismissing these charges. But then again, she didn’t have the guts to call another election either.
This is what Alan Jones said too. He spoke about this article and what Charlie is doing.
http://podcasts.mrn.com.au.s3.amazonaws.com/alanjones/alanjonescomments061010.mp3
I think I know one Splity I won’t bother saluting on ANZAC day in the unlikely event we cross paths….
My family,( 4 grown up children of our own and the husbands and their children and their children which all in total as up to 4 daughters 4 son in laws and 11 grandchildren and their husbands and wives, 11 great grandchildren).all my family cannot believe that this could happen to our soldiers who give up their life to helping others and then get kicked in the guts for doing what other young men are fleeing from. Our soldiers commit themselves and the young men of those countries get into boats and come to our shores and leave our Australian soldiers to fight their war. And now they have been betrayed. what a lovely country we have here, and what weak politicians Our heart is bleeding for them and believe or not but while I am writing this tears are streaming down my face. Please stop this carnage before it is too late. signed Jean and Doug Harle
“Such a situation happened in Afghanistan by the Taliban, makes not much difference from the Human-Shield strategy of the Viet Cong (human-butcher) in Vietnam war.
Of course, we must assist in protecting the innocent civilians in combat operation zone as the best as we need to face the reality; but under such a crucial situation and dangerous moment that the firefights happened in the darkness and visibility was absolutely restricted, rapid enemy situation assessment needed to be made towards the deposition for the best solution to be carried out to protect ourselves, save ourselves and continued our advance to fulfill our mission, I don’t think our brave and well-trained commando’s being equipped with high morale, discipline, morality and combat-experience expect the outcome as it has happened while they are giving up their life to help others.
I fully agree and provide with my unwavering support to Charlie taking up this cause and demand consideration needs to be made upon Australian Military Court in 2007 system of conducting military prosecutions to try to note down such a historic decision to charge our well-trained commando’s with manslaughter, and request that the best equation of how to strengthen their fighting spirit and morale with modern combat-morality but command-hesitation now and then to be delivered before they take up the responsibility to be posted to wherever combat-operation zone, or else brings them home and replaces with the daylight dreamers.
When you fight a conventional war, it’s war. When you invade a country then the people who sent you in are responsible for any, and all civilian casualties.The fact that you send soldiers into housing areas after the enemy will lead to death of the innocent.The politicians and generals know this, so it is their responsibility to go onto the front line and lead from the front.To blame men in a combat situation is bloody disgraceful and cowardly. Also we should not be there it is not our war .BIn Laden is in Saudi-Arabia with his family.
Well done Charlie I totally support your efforts here and it is sad this country has come to this. It is more like an episode of Dad’s Army. How these people can go home proud of a days work thinking they did good for the Australian people is beyond my me.
I don’t think to change a law you need to have done the act, but in this case when you are at war and you have the crack of bullets flying over your head, your closest of partners being shot next to you and you attacking back under instruction from the head of your military all this happening in thirty seconds. Then, you can make a law change to make life even more difficult for our diggers.
Thank you Charlie for your, as usual, support for causes.
The Taliban is renowned for using human shields as protection during combat. How can a soldier be expected to,
when in combat, make a split second decision when the enemy is unknown.
Do we mourn the deaths of more soldiers because of hesitation in the field?
For these soldiers to be charged is a travesty.
Bravo Zulu Charlie We never learn We have the Government we deserve and also G.G. Must go close to treason what our heads of govn. are about. Sent them to the front line and bring our troops home!! God may well save the Queen but nothing will save the Prime Minister and G.G (thx to Gough!!)
Ref Lyn McDade
She was also the COL investigater who left the secret report on the death of a 3RAR soldier behind at an airport terminal that found it’s way into the hands of the media. She was not repremanded, punished, nor charged for insecurity like a real soldier would be for as much as forgetting to lock a door. That was infact brushed over and less than 12 months later she was rewarded with a premotion to the rank of brigadier.
I believe that the matter should be investigated independantly and if found in breach of the DFDA for namely insecurity, she should be sacked as a ‘member’ in her position taking the action she is, should be held as accountable as any other legal professional, officer, or soldier would.
Charlie, keep up the fight mate but fight louder, get in the ear of any media outlet that will listen and publicly shame this utter bulls&$t treason.
RIP fallen brothers
I’ve not done any service for any of the armed forces or military but I know injustice when I see it. After reading this document it is clear that our forces had little, if any choice but to do as they did. Those who are leading the persecution (It’s not a mistake, I mean persecute) of these good men should consider what actions they would take if a deranged fanatic was firing upon them. Personally, if somebody poses me a threat, I will do what I must to eliminate that threat.
I would like to endorsee the last comment above that untill such time as the government withdraws these charges from our troops, they should be BANNED from attending funerals for our soldiers they have sent to war with both hands tied behind their backs. I further think that our military should seriously consider refusing to go to Afghanistan and similar places whilst this policy is maintained. I understand the implications of refusing to obey orders, but surely if ALL the military refuses at the same time they will not be able to court martial the whole lot of them?
Untill such time as people have been in the position to have to save their own lives by their actions they are not qualified to sit and decide in their safe castles in comfort and safety and make these sorts of decisions. We the Australian public are to blame for putting the current politicians in charge of this country considering their track record. Perhaps we can have a similar “board” set up to decide if Peter Garrett should be charged with negligent homicide over the electrocution of people installing roof insulation?
Good job Charlie!
Thank God there is one politician willing to speak up for the troops.
It beggers belief that 3 of our commandos are to be charged with manslaugther, if our government is going to recruit, train, arm and send our troops to fight in a foreign country surely they can protect them from this type of debacle.
What is Lyn McDade trying to do, what is her role in the army, I always believed that any army officer’s prime responsiblity was to their men/women.
Come on Julia Gillard, sack McDade and end this.
I am hoping to join the Army as a LegalO when I finish university and after having gained some experience in the legal profession. With respect, sir, not all of us are interested in having our names up in lights. If a LegalO position is unavailable I intend to apply for intel or GSO so that I can use what I have learned at university, learn as much as I can on the job, and use this to serve the country because I value this greater than sitting in a commercial law firm somewhere raking in the dough.
I agree that the decision to prosecute or not should have been restricted, confidential or higher and should not have been made public. As you say, wars are won or lost by the influence of civilian populations. My limited experience dictates that one ought not hand propaganda victories to one’s enemy. Having said that of course, if the decision of McDade was to administer a particular section of an act which required prosecution in certain circumstances, then I suggest that the parliament legislate to change that section, and that the fault then lies not with the administrator but with the politicians.
It is important that we as a civilised society maintain an appearance of justice so that we can have faith that the system is working. We need the occasional example to be made of those that do wrong. In defence, however, where there is a great deal more at risk we ought to tred far more carefully. If there is a prima facie case, perhaps it would be more appropriate that it be heard and determined by military tribunal in private.
Charlie,
Thanks for your thoughtful piece. I, like you, am outraged by the decision to charge these commandos. As the Honorary Colonel of the 1st Commando Regiment, a vietnam veteran, a former Commander Special Forces, a soldier of 35 years experience, and the father of a Special Forces soldier who has completed three tours in Afghanistan, I cannot believe that the Defence Force is allowing this to happen. They are really letting all our fine young soldiers down and causing considerable concern to all who are deployed, or will deploy on operations in Afghanistan because these charges will make all commanders and soldiers hesitate as they confront enemy gunmen instead of following their training and instinct to take the correct operational decisions as these young commandos did on that fateful night. This hesitation or a decision to try and go through doors without the use of a grenade will cause loss of life as it did in 2007 when a commando was shot as he entered a room.
It is very sad that civilian lives including children were lost in the incident and very rightly there was an investigation. My understanding is that it was conducted by an officer with no operational experience and this is regrettable. The officer receiving the investigation Brig McDade also had no operational experience. I understand that Brig McDade did seek the views of some senior army officers who had operational experience and they advised her that the charges should not proceed. She did not take this advice and has decided to charge the soldiers involved. In my view there is something dreadfully wrong with a legal system that does not accept the advice of senior operational commanders. Soldiers should be able to trust their leaders to support their actions on the battlefield provided they follow the extant rules of engagement as these soldiers did. I believe it is now time for the Minister for Defence or the Governor General to to take control of this situation and inform Brig McDade that the charges be dropped.
If the Court Martials do proceed the Army must ensure that the officers sitting in judgement do have operational experience so they can properly understand what it is like to be in this type of operational situation. Sorry for the length of my response but I do feel very strongly about this travesty of justice that is being perpetrated aginst these fine commandos.
Regards
Philip McNamara
Agree 100% with all comments. As a twenty year man and a Vietnam veteran I cannot understand how this is allowed to happen to our troops doing the job they were sent there for. Let everyone remember that these blokes have to live with what greeted them when they entered the building. We should hang our heads in shame if this is allowed to proceed and our Prime Minister should be given the boot.
Good on you Charlie. I’m glad someone is looking after our brave soldiers. these charges should be dropped. It is dispicable to see Mc Dade and this government compromise our soldiers when they are in the heat of battle
What a farse! Wait until the fat cats get bombed and then watch the body count then.
Either you have a war and accept the consequences that collateral casualties happen, or pull the boys out and leave this shithole to itself. Personally as an Ex British forces serviceman. I’d tell the Officers and the Lawyers letting this happen, all of them, to fuck off and sort it out themselves
Had the joy of trying to training McDade’s son as a Infantry man a few years ago. Even then Lyn McDade had her fingers in this, signing off on leave apps so her son could go home as he found this training to be to hard. At the first sign of any hard work this young man went crying to mummy. Thank god that he was kicked out of the Infantry. Some good Infantrymen career’s suffered due to her interference. So here we are again with her trying to destroy more Infantrymen lives!!!
As if they don’t have enough to deal with, they will have to live with the consequence of there actions for the rest of there lives. My thoughts go out to all affected by this unfortunate event.
We need a political party where only ex service personnel can stand as representatives, if you have worn the military uniform of our country then you are trustworthy enough to represent it politically. Why were the bureaucrats and politicians that were involved it the bribes paid by the Australian Wheat Board to the Iraqi government not charged with treason?
As a former National Serviceman from the 70s , and a retired Detective ( Qld ) with 36 years service I wholeheartedly agree. I fail to understand how a lawyer with no combat experience , has probably never faced an angry man / or woman can make such a decision. If this prosecution continues it will have wide ranging and possibly catastrophic effects on our soldiers sent into action and probably on recruitment. It most certainly will cause certain indecision as to what action is to be taken that may cost the lives of our people. I make this comment having personal knowledge of having to make decisive decisions in a slit second or very short space of time. The action against these dedicated soldiers should be withdrawn immediatly, relevent protective legislation introduced and an APOLOGY provided to them.
Well written Charlie Lynn.
The charge of Manslaughter is an insult to one’s intelligence under the circumstances. By all means have a full inquiry but take this charge off the table.
It will be interesting to see what action or response if any comes from our other politicians. Lyn McDade’s action is a disgrace to the uniform she wears and makes a difficult job over there almost impossible.
Richard Higby.
Where do I start, Lyn McDade you are the rust that corrodes this earth……………!
As an ex-serviceman of 8 years with 2 oversea’s operations under my belt I have nothing but anger towards you, you are only using this as a stepping stone to further your career.
Good on you Charlie, you have my full support.
Charlie, My wife and I are disgusted at the treatment of our troops who are fighting and dying on our behalf. This prosecution should never take place and, more importantly, should never have been initiated. It may well be that as signatories to the World Court our Government now has no other course to follow. That being the case we should immediately withdraw Australia’s commitment to that court and redress this issue.
I support you 100% Charlie. Perhaps we should send Brigadier McDud onto the battlefield and let her explain her actions to the troops who are there doing their job. She should be stripped of her rank and charged with stupidity. Keep up the good work mate.
This action has to be one of the most flagrant and disgusting betrayal of our hard working, loyal and selfless troops. Whilst I have not been a part of the military myself, I was a member of a police force for 36 years and understand to some extent the pressures under which people in the public eye are subject to, especially from the uninformed and/or misinformed armchair experts who have never had to face an angry man or put themselves in a life-threatening position. Whilst as previously stated I have not been a member of the military myself, several of my family have. My father was a bomber pilot in Europe in WW2 and in this role was possibly and probably responsonsible for the deaths of civilians. Whilst most people, including my now deceased father, agree that both war and the attendant death of non combatants and civilians are to be avoided where possible, they are sometimes unavoidable. I am sure that if my father and those who flew with him suspected that they would possibly be charged with manslaughter or some other inappropriate charge by a court which they didn’t recognise, they would not have joined up. If that occurred in all arms of the military, can you imagine what the state of the free thinking world would be now. All servicemen who join up are fully aware that if they breach regulations/laws then they may become subject to the rigours of a court martial. They accept this in the knowledge that they will it least get a fair hearing from their peers and mentors who are aware of the pressures they are working under. I can only guess at what the ramifications of a ‘guilty’ verdict in this matter ( in a court which most soldiers have probably never heard of) would be. I can see it being the cause of a calamitous drop in recruiting and morale in our military and a severe degeneration of our national security. This appears to me to be just a grab for ‘notoriety’, financial and possibly political gain by self-serving members of the legal fraternity and Australians should be made fully aware of this travesty of justice being played out against these three brave men. Well done Charlie and here’s hoping for at worst a ‘not guilty, at best a ‘nolle prosequi’ and withdrawal of any Australian participation in the ‘World Court’.
I agree 100% with your views Charlie, it’s a very sad commentary on our system that these soldiers, having made a split second decision in the heat of a life threatening battle have been charged with manslaughter, perhaps the legal powers that have made the decision would have preferred it if the soldiers had just allowed themselves to be shot !!!!!!
Not widley known is that this same person was asked to leave the NT Police after stuffing up the investigation into the Falconio murder, little wonder this is another stuff up. Maybe she needs to be asked to go back to her Reserve position and leave the ARA alone to do its job.
Need more comments like yours Charlie. I’m tired of hearing that people opposed to the prosecution are interfering with the course of justice, what a load of garbage, more like we are interfering with a perverted attempt to bring civil jurisdiction into a bloody combat zone. Afghanistan is not purely a ‘restoration’ or ‘mentoring’ task force as some would have us believe, in a predominantly passive role, it is active operations more often than not now on an offensive footing.
Leave these guys alone, I really hope that if someone now hesitates as a result and we loose another life, that you can sleep well Lyn Mcdade, manslaughter, disobey lawful command and general orders in a combat setting, really! I’d like to see a platoon of Lyn Mcdades out there hauling ass being shot at and having to make real time decisions under duress, not sitting behind a desk with a pseudo military rank. Absolutely disgraceful and no its not perverting the course of justice, its called bloody common sense, in this instance the course of justice is crook and the charges should never have been laid. Yes, I am a proud ex military member myself.