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.