|
Unit
based investigations
Interim
measure to take increasing pressure off MPs
By
Pte John Wellfare
INVESTIGATIONS into uncomplicated offences in categories such as
theft and assault will be conducted within units under a new initiative
to take pressure off MP investigators.
With
an independent study into the military police investigation capability
currently underway and due for completion late next year, the initiative
is an interim measure to allow MP investigators more time to focus
on complex issues and speed up the military investigation process.
Director
Personnel Operations-Army, Col Gerard Fogarty said the initiative
would not see units landed with complex investigative tasks beyond
their capabilities.
"Already
in units DFDA investigations are being done for simple matters like
AWOL - this is just an extension of that," he said.
"There
will be a requirement for people in units to learn new skills and
the Military Police in the regions are responsible for imparting
those skills so that this directive will work.
"We've
got a shortage of MP investigators and it takes us a very long time
to do investigations and that delay is causing increasing frustration
out there in our units for commanders and for soldiers.
It
also is creating concern for the Military Police, who want to do
a good job.
"Currently
soldiers are particularly frustrated that when they're being investigated
for a matter, it takes six or nine months before the matter is concluded
and they're either told they have nothing to answer or they're presented
to a company commander or their CO at a trial, be it a subordinate
summary proceeding or a summary proceeding.
"That
is a particular cause of angst and frustration in units and soldiers
have expressed their view that during these long months their careers
are put on hold and they're denied career opportunities and that
is more of a concern for them, because they feel that they're denied
the presumption of innocence.
"The
statistics that we have on the military justice system indicate
that there are quite a few people who plead not guilty and there
are quite a few people who are found not guilty by the decision
maker, be it a summary authority, subordinate summary or even a
defence force magistrate.
"The
military justice system is fair once an individual is actually arraigned
and appears before a decision maker.
"What's
currently causing us concern is how long it takes to get them before
someone.
"That's
what this initiative is actually aimed to do; get the investigation
done much quicker.
"Complex
issues, issues between two units, anything that requires specific
investigative skills or civilian police involvement, the unit will
still have nothing to do with."
The
initiative made no fundamental shifts of responsibility on offences
usually investigated by MPs, but did allow for minor or uncomplicated
offences in categories such as assault, theft, malicious damage,
sexual assault and some miscellaneous offences to be dealt with
by units, after being initially reported to military police,"
Col Fogarty said.
"Let's
say there's a theft. The unit is aware that there's a theft offence,
they report it and it goes to the military police.
"The
military police will only retain investigation of matters that are
complex, that require specific investigative skill - which they
have training for - or that involve more than one unit, or would
possibly later involve complex matters in law.
"It's
only matters that do not require civilian police involvement, that
are not complex and that don't involve more than one unit that are
going to be handed back to the unit for them to investigate."
- For
further information, contact: Lt-Col Chris Andersen, SO1 Personnel
Operations on (02) 6265 6174
|