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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

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