Commandos charged after the 2009 raid deserve a formal apology from the ADF and government

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The issue

As a former Infantry officer from the Australian Army I remember hearing about commandos being charged after a raid.  As details came out, it became clear that they acted within rules of engagement (ROE) and the laws of armed conflict (LOAC), and that the charges were a form of scapegoating. I know the emphasis placed on both ROE and LOAC from professional experience.  No Australian Army combat commander that I was ever taught by, or worked with, would issue an unlawful order that breached LOAC.  If they ever did, the highly trained soldiers of the Australian Army would tell a commander where to go and would not comply, as is their right.

We accept that due process has to be followed, however it must be followed in an efficient and effective manner to clear people of wrongdoing ASAP and in the rare cases of LOAC breaches, members would be dealt with.  What we have seen in this situation though, is commandos being put through the wringer, with Dave who was featured on Australian Story having been medically discharged purely because of ADF mismanagement.  This undermines combat troops' confidence in the system to treat them appropriately if they perform their duties lawfully and have to use lethal force in accordance with ROE and LOAC. Dave has now lost part of his identity and career and suffers with psychological injuries as a result.  The ADF were responsible for his mismanagement and his treatment as an individual that resulted in him being discharged.  Then to add insult to injury it would appear that DVA is operating in quite an adversarial manner with him.

To this end we ask for a full apology to all of the commandos involved, especially to those who had charges laid against them and held over their heads for so long before being withdrawn.

The Decision Makers

Minister for Veterans Affairs
Minister for Veterans Affairs
Chief of the Defence Force
Chief of the Defence Force
Former Director of Military Prosecutions Brigadier Lyn McDade
Former Director of Military Prosecutions Brigadier Lyn McDade

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