ED: Bob Buick gave me permission to post this article he wrote about the Bretherton Report
20240612
To: Martin Hamilton-Smith
From: Bob Buick MM
Subject: Contribution to SASR Magazine
I have been invited to contribute to your prestigious magazine and voice my opinion on special forces, the ADF Legal System as I understand it and the Legal proceedings against 2 Sqn warriors during a deployment to Afghanistan and the military law, we had during my Infantry service in 1959-1980.
My service included two overseas deployments in Malaysia with 2RAR 1961-3 and Vietnam with 6RAR 1966-7. I was the Platoon Sergeant of 11 Platoon at Long Tan 18th of August 1966, there is no need to include the battle details not necessary to mention that the platoon suffered 100% casualties over the tour of one Officer and thirty-three Other Ranks, the only platoon to suffer those total casualties. It was an exciting year with lots of highs and lows.
Military Law and Justice in the AMF were detailed in the Manual of Military Law with the AMR&O (Australia Military Regulations and Orders) which was virtually a copy of the British Army system adapted to the Australian Army system. There were certain offences not included and the use of drugs could be referred to the Military Police and dealt with within the service, including murder. It is my understanding that AMF lawyers wanted military law Army, Navy and Air Forces combined into one book and that happened with the creation of the ADF in the 1980s under a Labor government.
So, what changed? The AMF was cast aside the ADF was born and everything changed in the last decade of the 20th century, terrorism became global and the war in the Gulf saw the Australian SF (SASR and 2nd Commando) prioritised as combatants and not the RAR battalions, When Osama Bin Laden became a household name after September Eleven and our SFs were sent to Afghanistan.
I was knocked over when the ABC raised reports that the SASR and Commando had breached the Geneva Convention and incurred war crimes against Afghanistan citizens and will be investigated. I noted that the targets were all the pointy-end warriors and to my knowledge, not one officer was investigated.
I immediately remembered two events one whilst the ARA Cadre to the CMF at Bunbury in the early 1970s. There had been no ARA cadre there for nearly two years and I discovered fraud when evidence of qualifying for service and pay sheets had been falsified and I reported that to battalion headquarters. Three high-ranking (LtCol) officers investigated the fraud, there were three officers of the unit involved. During the investigation, I felt that there was a deliberate attempt to lay the blame on the NCO, including myself to protect the officers. The next was in Brisbane when an Ares soldier was killed in a 25-metre range when she shot herself with a 9 mm pistol. A major was to be the range conduct officer, but he ordered a sergeant to do the job. Only Infantry Warrant Officers and Commissioned Officers were qualified to conduct the shoot. The sergeant was charged, and he was judged by an Ex Major now a civil judge. I attended the court because the sergeant was an RAAOC clerk and I had been the RSM of 1 Training Group to which his unit was under command. He was found not guilty and I wrote to the then Chief of the Army explaining my despair that an NCO was a fall guy for an Officer and hoped that the sergeant’s career would not be jeopardised. The ADC to the C of A, an RMC cadet during my posting at the Duntroon as an Infantry Warrant Officer instructor wrote that there would be no action taken against the sergeant.
I relate these two real-life experiences to the Brereton Report where I understand no Officer was investigated, but who writes doctrine and policies for training for all corps and especially for SASR/Commando units, Officers and who sign off these instructions the Generals!
Surely for SF self-security and safety must be priority number one and when on ops in Afghanistan the security of small patrols must action to protect themselves. So where is my problem in this, Officers develop doctrine and policies that we all follow but when shit happens because of the training we undertake the officers are exempted from the investigation.
I have never heard of such injustices as served on 2 Sqn happening in the twenty years in the AMF. Warriors obey instructions and require initiative and common sense to survive in battle requires 95% training and 5% luck.
Good luck to you all, you have the training and there are many AMF warriors on your side.