RELEASE OF BOARD OF INQUIRY REPORT INTO THE

DEATH OF PTE JAKE KOVCO

 

The Chief of the Defence Force, Air Chief Marshal Angus Houston, today released the Board of Inquiry report into the death of Private Jacob Kovco who was fatally wounded while serving on operations with the Australian Security Detachment in Baghdad, Iraq.

 

In order to end media speculation, the Government has decided to release the Board of Inquiry Report today rather than next week.

 

“After a thorough examination of the evidence tabled during the inquiry the Board concluded that Private Kovco died as a result of the inappropriate handling of his personal weapon, a Browning 9mm Self Loading Pistol,” Air Chief Marshal Houston said.

 

“From the evidence tabled and from specialist homicide and forensic sources available, the Board ruled out any finding that Private Kovco was murdered or that he committed suicide.

 

“The Board found that soldiers on deployment in Iraq are not as familiar with the pistol as they are with their primary weapon, the F88 Steyr rifle, and that we need to increase their level of training and exposure to the weapon if they are to safely carry and handle a side arm.

 

“Weapon safety is an individual and command responsibility. Every effort is made to ensure that training and procedures for the safe handling of weapons in the ADF is faultless, there is no margin for error on this point, and I will accept nothing less from my command,” Air Chief Marshal Houston said.

 

In releasing the report, Air Chief Marshal Houston said that the Board confirmed the findings of an earlier investigation tabled at the inquiry and concluded that the efforts to bring Private Kovco home highlighted a number of failures in ADF mortuary affairs training and doctrine.

 

“We have significantly enhanced our procedures and policy in the unfortunate event of an ADF death either in Australia or overseas.  As stated, my focus is ensuring that the errors made in bringing Jacob Kovco home do not occur again.

 

“I have also directed that shortcomings identified by the Board in our procedures concerning the handling and preservation of serious incident sites, physical evidence, and the passage of information following serious incidents be reviewed and appropriate actions taken.

 

“To this end, I have accepted each of the report’s 29 recommendations and have directed the development of a program for their effective implementation across the ADF. I present this response to the report and commend them to the public in the interest of transparency.

 

“The loss of Private Jacob Kovco is felt deeply. I again pass on my condolences to Jacob’s family and friends,” Air Chief Marshal Houston said.

 

Private Kovco’s family and the New South Wales Coroner have been informed of the Board of Inquiry’s findings and recommendations.

 

A copy of the Kovco Board of Inquiry Report and the Defence response to each of the report’s recommendations can be found at:

http://www.defence.gov.au/publications/kovcoreport.pdf

http://www.defence.gov.au/publications/Defenceresponsetokovcoreport.pdf

 

 

Media contact:

Defence Media Liaison          (02) 6265 3343 or 0408 498 664

 

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BACKGROUND INFORMATION:   

 

BOARD OF INQUIRY INTO DEATH OF PTE JAKE KOVCO

 

Private Jake Kovco died on 21 April 2006 as a result of a single gunshot wound while serving with the Australian Security Detachment in Baghdad, Iraq.

The Chief of the Defence Force, Air Chief Marshal Angus Houston, appointed a Board of Inquiry to investigate the facts surrounding the death of Private Kovco, including the incident in which he lost his life, relevant instructions and procedures, and adequacy of training and equipment. 

The Board of Inquiry commenced at Victoria Barracks, Sydney on 19 June 2006.

The Board took into consideration a number of relevant investigations, including the NSW Coroner's report and Brigadier Elizabeth Cosson's report into the repatriation of Private Kovco back to Australia.

Defence went to great lengths to accommodate an open and transparent inquiry in the face of serious safety concerns for many of the witnesses involved who were at the time serving in a potentially lethal operational environment.

That is why all deployed personnel involved in the inquiry were referred to by a randomly chosen number rather than by name.

These measures ensured that Defence provided these personnel with the confidence that their evidence would not jeopardise their safety, the safety of the people they were charged with protecting, nor the safety or privacy of their family members in Australia.

These measures ceased immediately these soldiers returned to Australia

The Board was headed by Group Captain Warren Cook, a RAAF Specialist Reservist, who is also a retired Magistrate and former Coroner. He was supported by a civilian member, Jim O'Sullivan, a former Queensland Commissioner for Police, and Colonel Michael Charles, a Reservist with an extensive military background.

The Board was also assisted by a number of witnesses and subject matter experts from the NSW Police Service investigations branch, forensic and ballistics specialists and leaders in the field of psychiatry.

 

 

 

 

 

 

QUESTIONS AND ANSWERS

 

What is Defence’s view of calls for a separate Coronial inquest?

 

Any decision concerning a Coronial Inquest into the death of Private Kovco is a matter for the NSW Coroner.

 

Defence continues to liaise closely with the Senior Police Investigator supporting the Coroner in this matter.  This support includes access to all exhibits held from the Board of Inquiry and any other assistance that is necessary for the duration of their investigation.  The NSW Coroner has also received a full version of the Board of Inquiry report.

 

 

Why didn’t a civilian preside over the Kovco Board of Inquiry?

 

Defence is in the process of creating a Chief of Defence Force Commissions of Inquiry that will be mandatory for deaths in Service. These Commissions of Inquiry will be presided over by a civilian with judicial experience, rather than a military officer.  This process will require some amendments to the Defence Act of 1903 and the Defence (Inquiry) Regulations.

 

In the interim, in March this year the Defence (Inquiry) Regulations, the legislation that underpins Boards of Inquiry, were amended to allow a civilian to preside at a military Board of Inquiry.

 

This amendment was being finalised at the time the CDF appointed Group Captain Cook to preside over the Kovco Board of Inquiry.  GPCAPT Cook has extensive civilian judicial experience being both a Magistrate and former State Coroner.

 

A panel of judicially experienced civilians has been established, and will be used to preside over inquiries into suicides and deaths in service. Mr Frank Cullen, a retired Western Australian magistrate and Coroner with extensive civilian experience, is currently presiding over the Inquiry into the death of Captain Paul Lawton.

 

Defence also makes extensive use of civilian experts as members of BOI. For example, Jim O'Sullivan, a former Queensland Commissioner for Police, sat as a member of the Board for the Kovco Inquiry.

 

What measures are in place to ensure military personnel are appropriately trained in the safe handling of weapons?

 

As part of the military’s readiness directive, all ADF personnel must complete bi-annual weapon handling qualification tests.

 

If they are selected to deploy on military operations they must also undertake a stringent weapons handling test on arrival in the Area of Operations prior to moving to their designated place of duty.

 

Throughout their deployment they are also required to complete routine weapon handling tests, including range practices, to ensure that their skills are maintained.

 

Who gets issued pistols on deployments?

 

The ADF has strict policies in place to ensure that personnel are only issued weapons that they are qualified to operate and which are necessary for their deployment.

 

ADF personnel cannot employ any weapons without having completed an ADF mandated instruction on the weapon and without having passed a weapon handling test assessed by a qualified ADF testing officer. 

 

The report raises concerns about crime scene preservation and investigations, hasn’t this issue been identified previously in other Boards of Inquiry?

 

The release in August this year of the outcomes from the Warrant Officer Nary Board included a recommendation that a protocol for the preservation and handling of serious incident sites be considered for future training or battle preparation both on deployed operations and within General Service training.

 

This recommendation was implemented immediately and is now part of all Deployment Training with a draft Defence Instruction (General) currently under consideration to complement other Service Police initiatives.

 

This instruction also complements the release of updated policy guidance on the management of deaths of ADF personnel in Australia and overseas which covers in details crime scene preservation and management. 

 

How has Defence improved its management of repatriation procedures?

 

Defence has substantially reviewed the procedures and policy of how we manage the death and repatriation of Defence Force personnel both in Australia and overseas.

 

It is essential that the policy and procedures that deal with Defence fatalities form part of operational planning and are understood and adhered to.  It is also important that everybody understands what Defence is doing to manage these deaths, and that we are open and accountable at every step.   

 

The management of deceased ADF personnel and their repatriation is governed by the following principles:

·        The deceased are to be treated with dignity and respect.

·        The deceased are to be repatriated as soon as possible to the next of kin but without compromising positive identification or evidence gathering processes.

·        Thorough identification procedures are to be adopted.

·        When repatriating remains from outside Australia, the ADF is to retain control of the process.

·        The remains must be accompanied in transit by two ADF members.

·        In returning remains to Australia, ADF aircraft are to be used, or if that is not possible, then an aircraft chartered by Defence should be utilised. The use of a foreign military aircraft is a third option. Only as a last resort should commercial aircraft be considered.

·        If required during transit, military mortuary facilities are to be used in preference to civilian facilities.

·        Regardless of the circumstances or location, the death of an ADF member is a notifiable incident and must be reported.