By Deborah Snow
The independent watchdog that oversees the Defence Force has turbocharged its inquiry into the shock death of special forces soldier Lance Corporal Jack Fitzgibbon by drafting in Sydney barrister Arthur Moses, SC, to help with the probe.
The Inspector-General of the Australian Defence Force (IGADF) revealed on Thursday that it had appointed two assistants – Moses and Air Vice-Marshal Vincent Iervasi – to help with the high-level investigation. Moses holds the rank of squadron leader in the air force specialist reserve and has been an assistant IGADF since 2021.
Arthur Moses, SC, will investigate the death of Jack Fitzgibbon.Credit: Anna Kucera
Both men were appointed to the current inquiry on April 24 – more than six weeks after Fitzgibbon plummeted to the ground on a special forces parachute training exercise on March 6.
Fitzgibbon, who was a member of the Sydney-based 2nd commando regiment, was the son of Joel Fitzgibbon, one-time defence minister in the Rudd Labor government.
Questions over the circumstances of his death have intensified since the ABC revealed last month that several members of the specialist army unit specifically tasked with preparing parachutes for aerial training had failed drug tests a fortnight before the accident.
In a statement, Defence said: “176 Air Dispatch Squadron conducted prohibited substance testing over the period 31 January to 21 February 2024. These tests resulted in six personnel returning a positive indication to a prohibited substance”.
Lance Corporal Jack Fitzgibbon died in a parachuting accident.Credit: Department of Defence
However, the department insisted those involved in packing and checking Fitzgibbon’s parachute were not among those who had tested positive for the banned substances. Preparing parachutes for military exercises is a specialist skill set and how Fitzgibbon’s parachute was packed will be central to the inquiry.
Army parachute training was suspended after the accident but has resumed except for exercises using the high-performance Military Javelin (or MJ) parachute. This was the type of parachute Lance Corporal Fitzgibbon was training with on the day he died.
As well as the IGADF inquiry, three other inquiries remain under way into the solder’s death: a police investigation which is expected to lead to a full coronial inquiry, Commonwealth agency Comcare’s workplace inquiry, and the army’s own inquiry.
Commander of the Special Forces Group Brigadier Marcus Fogarty said Defence was co-operating fully with the suite of investigations, adding “we must let [them] run their course”.
The department has not said when they might be complete.
Moses, a leading Sydney silk, had a high profile as one of the lawyers for disgraced former SAS member Ben Roberts-Smith during the latter’s unsuccessful defamation action against this masthead. Roberts-Smith is appealing against the decision.
Moses is also a former president of the Law Council of Australia and the NSW Bar Association.
Iervasi formerly held the post of air commander Australia.
- Defence All-hours Support Line (ASL) - 1800 628 036
- Defence Member and Family Support - 1800 624 608
- Open Arms – 1800 011 046
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