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 ADF officers beware: when canaries sing heads may fall!

21.11.20.  Prepare for the game of “who knew what and when to begin!” After the do-gooders are done what will be left of our glorious ADF? The payback game in the alleged war crimes committed by the SASR might be about to flare up into a conflagration that nobody in the ADF can afford—including all Australians and right up to the PM himself because recriminations will always find a victim.
“Buried in his heavily redacted 465-page report, NSW Supreme Court judge Paul Brereton says eight lower-ranked soldiers should have charges waived if they gave evidence on those who ordered them to commit war crimes.”
Words are powerful assault weapons when used for special effect. Spearhead soldiers about to be charged for various alleged war crimes may gain immunity from prosecution if they “sing” AKA, dob-in-an-officer, “who ordered them to commit war crimes.” The word “ordered” is rather different from, “knew about” possible war crimes. Regardless of semantics, the brotherhood of having your mate’s back is about to be trashed. When the word, “trust” is trashed what will happen to a combat unit that was always a very tight-knit family? A fitting  descriptor could be, “fragmentation?”

Source: Ben Packham, News Corp

War crimes report: Immunity offer to pursue senior special forces scalps

Special forces troopers who “pulled the trigger” could be given immunity from prosecution to convince them to testify against more senior soldiers, under a proposal to secure war crimes prosecutions against the most ­serious alleged perpetrators.
Buried in his heavily redacted 465-page report, NSW Supreme Court judge Paul Brereton says eight lower-ranked soldiers should have charges waived if they gave evidence on those who ordered them to commit war crimes.
His report, which found newly deployed soldiers were ordered to kill Afghan prisoners and civilians in a ritual known as “blooding”, says prosecutions should follow a “hierarchy of criminal responsibility”.
Setting out a proposed ­approach for prosecutors and the government’s yet-to-be named war crimes special investigator, Justice Brereton says “those who bear the greatest criminal ­responsibility or culpability” should be pursued over those “whose culpability is less”.
“In order to secure their testimony in such prosecutions … it is recommended that the sub­ordinate be granted immunity from prosecution should he agree to give evidence for the Crown in any relevant prosecution,” he says. “The evidence of such individuals is likely to be crucial in the prosecution of their superiors which … should take priority, both because of the greater criminal responsibility of the superiors, and because of the greater national importance in holding the superiors to account, and showing that they are held to account.”
In his report for the Inspector-General of the Australian Defence Force, Justice Brereton recommends 19 soldiers face criminal investigations over the alleged murders of up to 39 civilians and prisoners in Afghanistan.
It’s unclear how many of the eight lower-ranked soldiers he recommends be offered immunity are among those facing potential prosecution for murders he found were “commenced, committed, continued and concealed” by sergeants and corporals.
The proposal is in part a ­response to high-level immunities granted to witnesses to IGADF ­inquiries, which have coercive powers to compel testimony.
Prosecutors are unable to use “any information, document or thing” to prosecute a person that has been “obtained as a direct or indirect consequence” of evidence that person provided. But prosecutors can use evidence against a person that is the result of testimony to the inquiry by another witness, such as a soldier who is granted immunity.
One legal source said: “You speak to the (person being prosecuted) at the end of the process so all the evidence being used is not derived from him. In order to make this work, you have to grant an immunity to the trooper who gives the evidence.”
Attorney-General Christian Porter, under law, will have to provide written consent authorising any war crimes prosecutions.
Mr Porter’s spokesman said the Attorney-General would consider “all material put before him” by the Commonwealth Director of Public Prosecutions.
The immunity issue emerged as Defence Minister Linda Reynolds, speaking in Perth, said allegations of “absolutely clear-cut murder and war crimes” in the Brereton report made her “physically ill”.
Serving and former soldiers facing prosecution will have legal costs paid for by the taxpayer in a commitment by the federal ­government that is likely to run to more than $1m per prosecution.
Those facing criminal allegations are being urged to secure legal representation with firms headed by criminal silks with murder trial experience.
Holding Redlich senior litigation partner Howard Rapke, who is representing at least one of the alleged war criminals, said the coming years would take their toll on the accused. “With all of the high profile reporting of the IGADF inquiry, it is easy to forget that these men are entitled to the presumption of innocence,” he said. “Many of these incidents will not go to trial for lack of evidence, and a number of those that do could lead to acquittals.”

{ 15 comments… add one }
  • seadogger 21/11/2020, 7:26 am

    So now the “clear cut allegations” have morphed into a lack of clear cut evidence with the offering of immunity in return for evidence. Dream on ..it ain’t going to happen. Minister you have been sucker punched by the ABC and deserve all the embarasment you get.

  • BBob 21/11/2020, 7:51 am

    I attended an Anzac dawn service at an overseas Australian Consulate in 2016.
    The woman MC repeatedly used “celebrate” instead of “commemorate”.
    She then told told us in depth of the “non-traditional role” the armed forces now play in “working with indigenous communities”.
    To stop them rising up and retaking “their” country I suppose.

    • Cliff 21/11/2020, 9:32 am

      At least, if you were overseas, you were hopefully spared the Welcome to Country rubbish. Or, since it was a Consulate, does that make it stol… sorry, ‘native land’ wherever it is?

    • Neville 21/11/2020, 2:55 pm

      Yes, BBob, there’s TOO much really badly and incorrectly usage of words among the woke and other ill-educated lefty-greeny rabble – and a lot with those supposedly better educated, too.
      “celebrate” .. What bullshit! You’re right, ‘commemorate’ is correct.

  • Penguinite 21/11/2020, 8:16 am

    Sing baby sing! WW1 eliteness is long gone. Carving-up the SAS will destroy it as an effective force!

    • Cliff 21/11/2020, 8:22 am

      Which is exactly what the ABC and the lefties (tautology alert) have been aiming to achieve for decades.

  • Albert 21/11/2020, 9:17 am

    What a disgusting weasel Justice Bloody Brereton is. The word ‘justice’ plays no part in this highly unAustraliian attempt to turn our soldiers into a bunch of dobbers and turn the general public against our armed forces.

  • crankykoala 21/11/2020, 9:59 am

    There are supposedly 350 witnesses that can be called to give evidence and I have questioned before the make up of these witnesses. How many could be classed as credible, no doubt there many Afghans “seeing things” in the hope of securing monetary gain. After all did not Brereton’s lackeys go to Afghanistan to advertise for/solicit witnesses.

    • Aktosplatz 21/11/2020, 10:54 am

      How many are encouraged with bribes?

  • Bazza 21/11/2020, 12:31 pm

    We should send Justice Brereton, Linda Reynolds and the like to a war zone and see how they conduct themselves. Give them a taste of what it is really all about and see how well they cope in the face of the enemy.

    • seadogger 21/11/2020, 9:02 pm

      Baz, get them to do a “kevie ” I was out outside the wire. What bullshit!!!

  • Lorraine 22/11/2020, 8:44 am

    blue on blue murders by the Afghan’s ,,,,, nothing and most were never held to account. The ABC our gutless wonders and who in their right mind believes another 4 corners story out of that stable……. Minister Linda claims to have been physically sick…..she sure is in the wrong game

  • Albert 22/11/2020, 11:26 am

    Put forward the notion of compensation as did Angus Campbell and you will have a whole army of the enemy crawling out of the woodwork.

  • JK. 22/11/2020, 4:40 pm

    Invoke The YAMASHITA Standard we are signatories to it, so use it.

  • JG 22/11/2020, 5:57 pm

    No one in the ABC or any green and lefties howling for blood have ever been to war or been shot at. They have never had to watch their back for locals so call friend to shoot them. The Dude that conducted the investigation has never seen combat (or so I am lead to believe).
    ADF stand proud in all that you do for our nation that which the sniveling ABC, Greens, Lefties who just fine while you do all the heavy lifting .
    Media doing their normal howling make money.
    GOD help us all if this how far the ABC and ilk have slithered.

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