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Investigation ends


By Cpl Alisha Carr
CA Lt-Gen Peter Leahy
CA Lt-Gen Peter Leahy addresses the media and announces the end of an investigation into allegations surrounding Australian INTERFET soldiers in East Timor during 1999.
Photo by Cpl Belinda Mepham, Army newspaper

CA Lt-Gen Peter Leahy has announced the end of an investigation into allegations surrounding Australian INTERFET soldiers in East Timor during 1999.

At a press conference in Canberra on April 16, Lt-Gen Leahy said a single allegation was raised in October, 1999, about the mistreatment of a detainee by INTERFET troops in Dili.

“This allegation was investigated at the time and was found to be unsubstantiated,” he said.

“In September 2000, the Army became aware of a number of new allegations of mistreatment of East Timorese civilian personnel and suspected militia members detained by INTERFET.”

The CA said because of the seriousness of the allegations, Defence launched a comprehensive Army-led investigation on September 24, 2000, which saw Naval and Air investigators, the Defence Legal Service and the Australian Federal Police (AFP) provide advice and assistance.

“The investigation has addressed a range of allegations – 19 in total – made against a number of units and individuals in East Timor. The allegations range from workplace harassment, through to allegations of mistreatment of detainees and unlawful killing.

“In October, 2002, Army announced that 13 allegations were found to be unsubstantiated and six others had yet to be finalised – the investigation into the remaining allegations is now complete.

“As a result of the investigation, one Special Forces serviceman was charged with kicking a dead body. On March 14 a Summary Authority referred the charge to a Covening Authority who determined that it should be heard by a Defence Force Magistrate.”

He said on April 15 pre-trial proceedings before the Defence Force Magistrate determined that the trial would be open to the public but that the name of the accused and all witnesses were to be suppressed.

A trial date will be determined at a further hearing on May 2.

The CA said the other allegations had not been substantiated or it was determined that there was insufficient evidence to proceed.

“While no disciplinary or administrative action is to be taken in these cases, we have been able to make a number of observations and learn some lessons. We have identified a need to amend a number of Army’s operational procedures.

“During the investigations Defence sought and has been provided with the co-operation of a number of organisations, including the UN, AFP and service personnel from Australia, New Zealand and the United Kingdom.

“The direct cost of the investigation has been in the order of $130,000.

“We have interviewed more than 350 people in four countries – of these, many were on operational duty and it was difficult to make arrangements to interview them.

“Each allegation has been subject to a comprehensive process of independent legal review. The end result is a rigorous and thorough investigation. Any future allegations of this nature will also be thoroughly investigated and if appropriate, disciplinary action will be taken.

“In no way does this investigation or any of the outcomes undermine or devalue the work of the men and women who have served and continue to serve the nation on operations.

“They have done and continue to the do a marvellous job of representing their country.”

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