A group of Special Forces soldiers won’t be sacked over war crime allegations

The Australian Defence Force will approve discharge on medical grounds for a number of soldiers who were last year accused of war crimes in Afghanistan.

A group of Special Forces soldiers who faced the sack following the Afghanistan war crimes inquiry have been told they can now discharge on medical grounds.

The soldiers who received a “show cause” notice in November are members of the now disbanded SAS Regiment’s 2 Squadron as well as the regiment’s 3 Squadron, who are suspected of being accessories or witnesses of alleged murders carried out by other SAS soldiers, in the wake of the ADF’s Brereton report.

In January, the SAS members individually submitted a written response through their lawyers, giving their version of events and justifying why they shouldn’t face administrative action.

But as the Defence Force continues to deal with the fallout of the Inspector-General’s report, over the weekend it notified a number of the soldiers that they wouldn’t be sacked and instead will have their medical discharge approved.

Australian soldiers accused of war crimes have been offered a discharge. Picture: Department of Defence

Those discharging on medical grounds were able to prove they had suffered psychological injuries directly from their service.

“Lawyers and members of the veteran community have been saying for a long time that our special forces soldiers subject of these allegations should be allowed to separate medically, if applicable, or otherwise on their own terms rather than at the hands of defence’s highly prejudicial ‘weaponised’ administrative processes,” lawyer and former military prosecutor Glenn Kolomeitz said.

“There will undoubtedly be a long road ahead for these men and their families, particularly for any who may be subject of the Special Investigator’s investigation as witnesses or otherwise, so an opportunity to transition out of defence in an appropriate manner is a better outcome all around.”

However, a source close to some of the 13 elite soldiers who received the “show cause” notice told The Daily Telegraph that while some SAS members will be able to discharge, others who were still fighting to stay in the Army are yet to learn their fate.

Those discharging will have to provide proof of their psychological injury. Picture: Department of Defence

They said many are having repeated nightmares since the release of the report in November, commissioned by the Inspector General of the Australian Defence Force, alleging special forces soldiers were responsible for the murder of at least 39 Afghans.

NSW Justice Paul Brereton’s inquiry focused on events between 2005 and 2016 and interviewed 423 witnesses.

CANBERRA, AUSTRALIA : Chief of the Australian Defence Force (ADF) General Angus Campbell delivers the findings from the Inspector-General of the Australian Defence Force Afghanistan Inquiry on November 19, 2020 in Canberra, Australia. A landmark report has shed light on alleged war crimes by Australian troops serving in Afghanistan. (Photo by Mick Tsikas - Pool/Getty Images)

Other special forces members may eventually be discharged or face a range of disciplinary sanctions, including formal warnings. A special investigator has been created within the Australian Federal Police to investigate the allegations from the inquiry.

“What it means is that the chief of the defence force is recognising for the first time, the psychological vulnerability of his SASR operators,” former Army captain Dr Daniel Mealey said.

“One of the so-called ‘war criminals’ has served for 22.5 years army. He’s been on 7 deployments, 3 to Afghanistan in 2 years with 250 missions in two years - missions involving the very worst nightmares that the rest of us could even imagine.

“The Chief of Defence Force should have been on these guys side from the very beginning.”

Originally published as A group of Special Forces soldiers won’t be sacked over war crime allegations