Apparently the government has kept it very low key as to when these troops were to face court they were before the court today Mon 28/3 and tomorrow but their trail is set down for the 11th of July 11 unknown what court yet but a civie 1 in Sydney the good old Government now wants to suppress what it calls sensitive info from the court I wounder if this info was used by the prosecution to bring around these charges. Also info is these men are no longer serving members does the military court still have the power to prosecute ?I will be there on the 11/7/11 in support

The pre-trial directions hearing for the first of two proposed trials against three members of the Cdo Regiment began on Monday 28th at Defence Plaza- Sydney and is continuing. The accused in this first trial are a sergeant and a Lcpl whose identities have been suppressed by the Judge Advocate in the interests of national security as well as for their safety and the safety of members of the unit and their families. Anonymity of special forces troops is standard procedure especially when their unit continues to be on combat operations. (The exception to this appears to be when one is awarded the Victoria Cross). The first trial is set down to commence on 11 July 2011, to heard at the court room on 11th level of Defence Plaza- Sydney at 270 Pitt St.
The accused in the 2nd trial is apparently the LtCol CO of the unit at the time. His trial will be set down for a hearing after the first trial is completed.
I have been attending each day this week and will be at the trials as well. Security is tight but the hearing is open to the public. I'll see you there.
Regards,
Dave

Dave, If & when more moral support would be good,let me know. I'll be there.
Regards
Paul McQueen

The pre-trial applications on behalf of the first two commando soldiers charged, have been heard over two weeks in March and May. The Judge Advocate (JA) will be delivering his decision on Friday 20 May 2011 in respect of these applications, which included an order seeking that some or all of the charges be struck-out because they were bad at law (ie, they should never have been charged in the first place). Although the general public has not seen the charge sheet, it seems now that the original three charges have been increased to seven charges:- five of manslaughter (one for each civilian killed) and two more charges of dangerous conduct likely to cause death or grievous bodily harm. This last charge relates to four other civilians who were wounded. I must say I consider the two soldiers have been wonderfully well-represented by their counsel, two Reservist legal officers.
I shall keep you informed of the JA’s decision.

As detailed on another blog on this website ("Manslaughter Charges") the Judge Advocate (JA) for the Court Martial held that all charges against the sgt and Lcpl commandos DID NOT DISCLOSE SERVICE OFFENCES and ordered the charges be referred back to the Director of Military Prosecutions (DMP), Brig Lyn McDade. The DMP has considered the JA’s findings and has written to the two soldiers to inform them that NO FURTHER ACTION is to be taken against them. That means no appeal and no new charges against them arising from those events.
That is a most pleasing result from these legal proceedings, but they should never have arisen in the first place.
Unfortunately the DMP will still be pursuing the charges against a third commando, the LTCOL Commanding Officer, who ordered the raid in the first place. I am unaware of the detail of these charges but the issues are different from those faced by the first two commandos.

Thank God common bloody sense has prevailed

I am pleased to advise that the ADF’s Director of Military Prosecutions (DMP), Brigadier Lyn McDade, has finally decided to drop the charges against the third and remaining commando, the LTCOL commanding officer, who was to have been court martialled for ordering the raid upon the Afghan compound in the southern Oruzgan Province village of Surkh Morghab on 12 February 2009, resulting in the deaths of some civilians as well as a Taliban insurgent.

Apparently the decision to withdraw the charges resulted from the DMP considering additional evidence that had been obtained by the accused’s defence counsel, who interviewed further witnesses.

It is wonderful news for the commando and his men, but reflects poorly upon the initial military investigators, the DMP, and her team of trial prosecutors, all of whom should have had this evidence from much earlier on, at least 12-18 months ago.

On the other hand, the Reservist legal officers representing all three accused commandos did an outstandingly diligent job in defending their clients, and should be congratulated.