|
Getting
facts first the key
By
Cpl Sean Burton
AN INVESTIGATION is defined as the search for the truth in
the interests of justice.
MP
criminal investigations include many factors that you would not
see in a one-hour TV detective show.
The
military criminal investigation process is tried and tested .
The
process can be long and often very complex.
An
investigation is initiated when information is received from any
number of sources including units, individual soldiers, informants,
external agencies and the examination of documents.
MPs
then establish whether or not an offence has been committed and
begin further investigation to gather evidence and identify an offender.
The
investigations recommendations are passed on to the CO of
the offenders unit, or if the investigation is generated out
of AHQ, to DPERSOPS-A for further action.
After
seeing the MP brief of evidence, a unit CO will then make a decision,
generally after consulting their supporting legal officer.
SM
5 MP Coy (SIB), WO1 Shannon Smith, said when the brief is handed
over to the unit CO , MPs would have no further input into whether
the soldier is charged or not.
We
collect the facts and present them and make a recommendation based
on those facts, he said.
MPs
dont charge anyone, we collect the information. That sometimes
means we have to gather a lot more facts to be able to give the
person laying the charges sufficient information.
MPs
conducted 1277 investigations in 2002 with Special Investigation
Branch (SIB) conducting 979 of those. This year has already seen
an 8 per cent rise in the number of investigations being conducted
over the corresponding period in 2002.
An
investigator for 16 years, WO1 Smith said that SIB currently had
12 vacancies., which means investigators could have six to eight
ongoing investigations at any one time.
We
currently have 54 ARA investigators ... in reality, we have only
35 full-time investigators on the ground at any one time due to
deployments, courses and leave.
WO1
Smith said 66 per cent of investigations were finalised within the
timelines allocated.
We
have a lot of juggling to do because we may be ordered to stop ongoing
investigations and draw on resources to start another more pressing
investigation.
The
investigation process could become bogged down because of the nature
of the busy operational environment, which makes it hard to track
people down for interviewing.
Other
factors, which can slow down an investigation, were complainants
not giving all the information to investigators in the first instance.
Units
sending soldiers on course, on deployments or on leave before they
can be interviewed, all added up to a lot of marking time and the
investigation going on hold. During an investigation, additional
delays in gathering supporting evidence, including forensic evidence
testing and document examinations such as medical and telephone
records also added to the time taken to complete enquiries.
Provost
Marshal-Army Lt-Col Tim Grutzner emphasised that priorities are
allocated to serious and sensitive investigations and that some
investigations may be delayed to ensure resources are devoted to
serious cases.
Also,
MP units are just like other units with members regularly on exercise,
courses, leave and deployments, he said.
1
MP Bn, which encompasses all operational MP assets in the Army,
has recently undergone an SED Review, which addressed the need for
additional SIB personnel. The unit is soon to commence a review
of the investigation architecture across the RACMP,
including structures, procedures, training, equipment and technology.
These two initiatives will improve the criminal investigation service
1 MP Bn provides to the Army.
Unlike
a TV detective drama, a military criminal investigation doesnt
have ad breaks with a happy ending all packaged into a one-hour
time slot - just the facts.
|