Australian Defence Force trying to develop new ways to cover up rape and murder

There is no doubt the Australian Defence Force is like a law unto itself and now they want it even more that way, in my book if someone rapes or murders or even violently treats or abuses someone they need to face a court. Not some tribunal that is there for only one reason, to cover up the injustice in the defence forces.

Military justice bill criticised
11th October 2006, 16:26 WST

Legislation to reform military justice has run into major problems with the defence judge advocate general warning it could mean soldiers face trial for rape or murder before a body akin to the Administrative Appeals Tribunal.

The Law Council of Australia has also criticised the legislation, saying the proposal for military judges to be appointed for five-year terms and then compulsorily retired would not appeal to many qualified candidates.

Both warned the new court could face a High Court challenge.

Labor said the problems were so great the bill should be withdrawn and redrafted.

The legislation, introduced to the House of Representatives last month and being considered by a Senate committee, would replace the current system of individually convened trials by court martial or before a defence force magistrate with a new court, to be called the Australian Military Court (AMC).

The legislation is a key plank in the government's response to a parliamentary inquiry last year which detailed major problems in the administration of the military justice system.

But in submissions to the Senate inquiry, Australian Defence Force judge advocate general Justice Len Roberts-Smith said he was disappointed the AMC was to be established as a tribunal, in terms of status and independence, rather than as a proper court.

He said it would exercise complete and exclusive jurisdiction over Australian Defence Force (ADF) personnel outside Australia.

"Given the present and likely future tempo of operations and exercises, it is entirely foreseeable, if not likely, that there will be charges of the most serious offences, such as rape or murder, against members of the ADF at some stage," he said.

"The notion that such charges would be dealt with by a body described as a tribunal and equivalent to the Administrative Appeals Tribunal is extraordinary."

The AAT provides independent review of disputes over administrative decisions made by the Australian government and some non-government bodies.

The Law Council said it was proposed that military judges must be military personnel who would be appointed for five years. Only in exceptional circumstances would judges be reappointed and all others would be compulsorily retired.