justice-at-last

ANOTHER WIN FOR JUSTICE
   The two 4 RAR (Cdo) soldiers Sergeant J and Lance Corporal D, accused of killing five Afghan children in a night time raid in Afghanistan have been exonerated, ending a more than two year battle to clear their names. A lieutenant colonel however, may still face prosecution.
   On the night of 12 February 2009 in Oruzgan Province Afghanistan, a patrol from the 1st Commando Regiment attached to and under command of 4 RAR (Cdo) acting on intelligence reports from higher command, conducted a raid on a suspected Taliban occupied house in an Afghani village compound. After being fired at from the compound, they returned fire and threw grenades into the house where the fire originated. It was reported that five children and an adult were killed. The commandos were charged with manslaughter in September 2010; some 19 months after the event and then exonerated in May 2011; some 8 months after being formally charged.
   The 4 RAR Association, Qld was a leader in supporting and defending the actions of all three members. We questioned the authenticity of evidence, the reasoning behind the accusations and the reasoning for the charging of all three of the accused members; a lieutenant colonel, a sergeant and a lance corporal. We also questioned the inordinate time taken to refer the charges and to bring the matter to finalisation. We wrote letters of protest to amongst others; the Governor-General as the Commander-in-Chief, the Chief of the Australian Defence Forces and the Chief of the Army. Allan Jones of radio station 2UE publically supported us as did former and serving members of the Royal Australian Navy, The Australia Army, the Royal Australian Air Force and the general public of Australia as well of those in New Zealand, the United Kingdom and the USA. We cannot state that we forced the end result but we can take pride in that we contributed to the public indignation of the charges brought against these proud Australian warriors and that we stood up for them.
    In May 2011, the Chief Judge Advocate threw out the manslaughter charges against the sergeant and the lance corporal even before the trial began. This means that the prosecutor had no grounds to charge these men but did so anyway. This in itself should be cause for an investigation.
   It is believed that the department of military prosecutions under command of the Director of Military Prosecutions, Brigadier Lyn McDade never interviewed the Afghan family involved or visited the scene of the incident. Several TV shows presented questionable documentaries about the event which later proved that those Afghanis interviewed were lying about their versions of the event.
   This prosecution was the first time in our history since 1901 that Australian soldiers under orders, had ever been charged for allegedly causing civilian casualties resulting from war.
   The Director of Military Prosecutions has now stated that she will not pursue any further prosecution of the two non commissioned officers in the matter but that the lieutenant colonel in command of the raid still faces a court martial at which the prosecutor will allege serious flaws in the planning of the raid.
   The two soldiers said in a statement that, “We need no reminding that our actions contributed to the deaths of five innocent children. We will carry that burden for the rest of our lives. However, we would like people to understand two things: firstly, we did not choose to fight the Afghan male in close proximity to children. He forced his callous and reckless choice upon all of us. Secondly, if there had been another reasonable option available to us that reduced the risk of injury to civilians, we wouldn’t have hesitated to take it.”
   “We think it is important to remember that throughout our court martial, the prosecution refused to say what other option we should have taken. We don’t think there was one.”
   The two soldiers of the former 4 RAR (Cdo) now 2 Cdo Regt, should not ever be expected to carry the burden of civilian deaths. They operated proudly as soldiers under war time conditions that no one without combat experience can ever visualise nor appreciate. Split second decisions have to be made on the spot by all commanders and their soldiers. This decision making process is undertaken and resolved in the time it takes to blink. In that split second and concurrently, the soldier is receiving fire and returning fire; he is attempting to make a tactical appreciation, plan his next move and that of those under his command in front of him, beside him and behind him; he is considering the tactical employment of his soldiers and their weapons and all this takes place in the blink of an eye.
   Civilians will unfortunately suffer and die in any war, ask any soldier and read any history book but the actions of these soldiers was in retaliation and part of an immediate action drill that is instilled into all soldiers who prepare for combat. These drills involve three things; the immediate action response to being fired at, the immediate action response to preventing or reducing own casualties and the immediate action response to close with the enemy and to destroy him. One vital factor that has to be remembered and lauded was that these soldiers, after being fired upon, moved forward toward the firing and not away from it!
   If the enemy deliberately choose to use women and children as shields behind whom they attack, then it is the enemy who are at fault. It is the enemy who defy the rules of armed conflict. No blame can be attached to the soldiers.
   The prosecutor states that there were serious flaws in the planning of the raid. Soldiers conduct operations based on the overall strategy employed by commanders, the mission given them by subordinate commanders, a mission appreciation and detailed planning by the operation commander; all of which involve all available intelligence reports and mission analysis.
   My old commander once said and I think that he gleaned it from Napoleon, that any plan is disrupted and interfered with by the first shot being fired. Why, because the enemy also has a plan.
   Our government asks our soldiers to fight wars on behalf of our families, our community, our country and our allies. Our soldiers willingly do that at great personal and political risk. We should go down on bended knees and thank our soldiers; those that “know”, do!
   We are proud of our soldiers and have complete confidence in the manner in which they are conducting this war against terrorism. We also support and appreciate the soldiers who unrecognised and unreported, are building schools, roads, electricity resources, water and sewerage resources in support of the civilian populations of countries in which we conduct war. These soldiers perform their duties under the premise of duty first and themselves second. We are proud to share the motto of the Royal Australian Regiment with all these Australian warriors of all services and corps.
We know, we care and we thank you.
DUTY FIRST.