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ODMP can handle the truth
Military Prosecutions - By Sarah Raskow
Volume 49, No. 14, August 09, 2007 |
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OUT OF COURT: ADF prosecutors, from left, CMDR Ian Campbell, LTCOL James Gayner and FLTLT Lee Warren from the Office of the Director of Military Prosecutions.
Photo by SGT Katrina Johnson |
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When you hear the words ‘prosecution’ or ‘Defence Force Magistrate’, you may automatically think of Jack Nicholson’s famous line, “You can’t handle the truth”.
In reality, prosecuting under the Defence Force Discipline Act (DFDA) is less dramatic and more measured.
The Office of the Director of Military Prosecutions (ODMP) was established in July 2003 as the result of recommendations arising from several inquiries into the effectiveness of the military justice system.
The role of the ODMP is to prosecute serious offences under the DFDA. Such offences include:
- Defence Travel Card fraud;
- serious assaults;
- acts of indecency without consent; and
- Rental Allowance fraud.
BRIG Lynette McDade came to the unit as the first statutorily-independent Director of Military Prosecutions (DMP) in July 2006.
Since then, the ODMP has been operating at a high tempo reviewing evidence briefs, speaking with witnesses and conducting trials before Courts Martial and Defence Force Magistrates. The office has 11 prosecutors ranging from AIRCDRE to FLTLT (and equivalent).
Chances are you have been contacted by the ODMP to appear as a witness or know someone who has. FLTLT Lee Warren, a prosecutor at the ODMP, regularly contacts witnesses about appearing.
“It is important to let any witness know that we are not the court,” he said. “We do not decide whether a member is guilty. “Additionally, the decision to prosecute is not taken lightly.
“It is recognised that any prosecution affects the lives and Service careers of the accused, their families and their friends.”
When a brief of evidence is received at the ODMP, it is read by BRIG McDade and then allocated to one of the prosecutors. The decision as to whether a member should be prosecuted rests with the director – the DMP’s position as a statutory office holder ensures she is free from command influence when making the decision whether or not to prosecute.
The ODMP is still establishing itself within the Defence community. With legislation changing regularly, BRIG McDade said it was a challenge to make the aims and objectives of the office clear.
“My intent is to discharge my statutory duties fairly and impartially, and I will continue to do all that is necessary to achieve a fair and transparent military justice system for all members serving in the ADF,” she said. |
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